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Momodou
Denmark
11712 Posts |
 Posted - 28 Nov 2013 : 19:55:23
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THE ROLE AND IMPORTANCE OF INTERPRETERS IN COURT
Foroyaa Editorial: Published on Thursday, 28 November 2013
The language of the Courts in the Gambia is English. Hence those who cannot speak English rely on interpreters to communicate with magistrates and judges. This is guaranteed by Section 24 Subsection (3)(f) of the Constitution. It reads: “Every person who is charged with a criminal offence shall be permitted to have without payment the assistance of an interpreter if he or she cannot understand the language used ……” An interpreter is not supposed to interfere with proceedings.
He or she is to transmit what is said by the prosecution, the defence and the bench with accuracy and does not distort anything said.
Every person who appears before a court is required to be presumed innocent until he or she is proved or has pleaded guilty. Hence it is most important to note that every trial for a criminal offence starts with a plea. The charges are read to the person and he or she is asked for his or her plea as to whether he is guilty as charged or not.
This is where the complication lies in interpretation. In short, every charge, is supported by a statement of offence which sums up the act done that constitutes the crime alleged. An act alone does not necessarily constitute a crime.
Sometimes the law takes into consideration both act and intention. Hence if an interpreter simply states an act without explaining the crime alleged an accused person may concede to the act and is recorded as having pleaded guilty when in actual fact he would plead the opposite if he or she truly understands the crime alleged in the charge.
This is why courts must have impartial, independent, competent, fair-minded and honest interpreters who would communicate what is stated by each party without an iota of distortion.
This is the only way to ensure that those who cannot speak the English language would have a fair hearing. Secondly, Section 24 subsection (3)(d) of the Constitution states that “Every person who is charged with a criminal offence shall be permitted to defend himself or herself before the court in person or, at his or her own expense, by a legal representative of his or her own choice.”
Hence , it would be fair for the court to ask an accused person whether he or she has a legal counsel or is going to stand in his or her defence before proceeding with a case. Proper guidance by counsel will help minimise faulty pleas. This is why the Constitution gives the accused person the right to have a legal counsel after three hours of detention. After life, liberty is the most important possession of a human being.
When the liberty of a person is at stake, justice demands that the person is given all the opportunity to prepare for his or her defence and should not face justice with fettered hands.
Source: Foroyaa
Related Topic: Foroyaa messenger pleads guilty to sedition charge
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 28 Nov 2013 : 20:14:25
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Is this telling us something; that the indoctrinated Bai Mass Kah gullibly pleaded guilty to a crime he doesn't believe he committed. Interesting!!
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I do not oppose unity but I oppose dumb union. |
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kobo
United Kingdom
7765 Posts |
Posted - 28 Nov 2013 : 23:52:16
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Foroyaa simply stated that there could be travesty of Justice if interpreters do not do their job competently, because they can mislead the accused person, distort the facts and/or interfere with proceedings  |
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