This case involved issues of the right to dissent and free speech, and charges of unlawful acts. The prosecution’s inability to demonstrate that the utterances of the accused was more than dissent as it could not provide evidence to support its claims, as well as procedural lapses such delays in test identification parade, all point to subpar investigative work by the police. It is likely that less ‘big ticket’ face the same shoddy work, if not worse, resulting in victimisation of people, failure to deliver justice, and wastage of public money. A systemic review is needed.
A clear distinction in the police force between maintaining law and order and investigations is a must. The same set cannot be doing both. The separation creates checks and balances that are sorely required. Procedures for questioning, canvassing, eyewitness reports and verifications must be strictly adhered. This is critical for the investigations’ integrity. Proper documentation of evidence, ensuring the chain of custody are crucial for robust investigation. Once it takes over the case, the prosecution must ensure that charges are backed up with solid work. Robust investigative capacity is an important pillar of the justice system. It is central to ensuring peoples’ faith in the system. Time to invest in it.
