With reference to the Medpoint case which was dismissed by the Supreme Court and the Judicial Committtee of the Privy Council judgements , the Prevention of the Corruption Act 2002(POCA) has been the subject of various interpretations and comments in the media, whereas ,as in any legislation, there are preliminary clauses in the arrangement of the acts as regards the meaning of words,the definition of offences and specification of penalties for general guidance in investigation,prosecution ,trial and judgement.
As the thumbmark ,no two cases are the same and have any similarity whatsoever to the offences alleged with backgrounds that vary according to the individuals at stake and the key issues as regards interests involved and should therefore be judged differently except that precedence in jurisprudence may be referred to for the motivation of a final judgement by the court concerned. Many Commonwealth countries have elected to have their own Court of Appeal at home and not to have recourse to the Judicial Committee of the Privy Council.The interpretation and application of their laws and appeal rests entirely with their Supreme Court.
It would be in order to delve into the jurisprudence of Commonwealth countries prior to any prosecution itself to substanciate any further proceedings in the right interpretation of a complicated and wide ranging law that encompasses so many elements written or perceived and to be proven and eliminate any bias or subjective interpretation of good faith or guilty knowledge where suspicion of corruption is involved whilst the cardinal tenet of natural justice is that no one can be judge and party at the same time.At the click of a second the WWW( the World Wide Web )can provide an encyclopedia of information on any subject to be researched by the prosecuting agencies.
An independent Constitutional Council may well be instituted with retired judges to advise on the laws of the land on any issue involving their application including proposed amendments to the Constitution.
Furthermore,an advisory opinion may well be sought in the final analysis to prevent any error in the course of the instruction of a complicated case which is being referred to for consideration before prosecution.
Any case of appeal having already been tried and judged on concrete grounds have to be seen on new solid premises and points of the written law which have been overlooked and the meaning of words and their implications not properly assessed in all clarity before any proceedings.
No one should therefore at any stage err as any error of judgement in the right interpretation of laws despite their intricate nature may lead to a miscarriage of justice and no one should bear the brunt of an accusation, standing on trial, lodging an appeal to the Supreme Court and as a last resort to the Judicial Committee of the Privy Council of her Majesty the Queen of England to seek justice with costs and clear his /her name and reputation with dignity and which leave for life untold moral hardships and damages .After all laws are made to protect the rights of citizens and justice is sought to remedy any wrong act or misdemeanor against them beyond any reasonable doubt. Nowadays corruption has become an evil on many continents and politics its root causes.
All acts of alleged corruption are well defined in the Prevention of Corruption law such as
- Bribery of any kind given , received or sollicited
- Gratification/Gifts designed to take advantages and give favours of any kind
- Conflict of Interests in individual shareholding ,ownership of companies and beneficiaries of
- Traffic d’influence for gains and favours
The arrangements of the POCA Act are clear and in detail ,the red lines having been drawn to avoid any suspicion in any transaction involving a public official and a public body.The offences carry a 10 year term of imprisonment in nearly all the cases.
Suffice it say that anybody having an interest in a case should declare it in writing at the very outset and as was spelled out by a Learned Lord to stay away from any decision making or proceedings and not fall into the pitfalls of the legislation.That is a fundamental issue that requires no clarification and would dismiss any suspicion of corruption for any reason at the very beginning of a transaction.AS regards other cases of corruption in the pipeline,an awareness of the law has been focused in the public at large.
The POCA (Prevention of Corruption Act 2002) has been conceived,drafted,discussed,approved,voted in various stages,assented and proclaimed in plain English though it was in olden days required to read Greek and Latin(to quote ‘’mens rea ,,) for legal studies in the Temples of Law in the UK.
In the meantime,the Privy Council has requested for the names of those who had access to the draft EMBARGO judgement submitted in the case and an enquiry has been undertaken to find out why was the embargo not respected in contempt of the highest Court of Appeal concerning the strict rule of secrecy on embargo.
When all would have been written and said regarding the POCA,the Prime Minister may appoint a committee as provided for in the Act to advise on the law .
‘’HONNI SOIT QUI MAL Y PENSES ‘’ is the logo of the Privy Council since centuries …
- Prevention of Corruption Act 2002/download
- Privy Council Appeal N0 0030 of 2018 Case Facts and Judgement 2019/download
- Web site of the Privy Council
- Research engines on the internet
- L’express daily newspaper reports
- Private news channels/Internet