Police need to know the law to win court cases

Editorial

A MAN who allegedly drove without a licence on an unauthorised PMV route and carrying passengers for reward walked free because he was charged under a law that has been replaced.
The law in question is the Motor Vehicle Act, which was replaced in June by the Road Traffic Act.
The RTA sees tougher penalties imposed on law breakers.
Yesterday’s news report points to an area that needs attention; the need for police patrol and traffic officers to know the law.
Magistrate Hubert Sareke struck out the case and ordered the K1500 bail bond refunded because the arresting officer charged the accused under a law that no longer existed.
Someone should cop the blame for officers still using the old law, which should have been shelved months ago.
Maybe the message of packing away that old law was not disseminated effectively to the enforcing officers, hence their ignorance.
Whatever the reason, it should be corrected immediately to save everyone time and energy.
If nothing is done, then drivers on our roads will continue to operate like cowboys with no care and respect for the rule of law.
Another area of concern relates to the presentation of correct information in courts.
It is becoming common in courtrooms throughout the country for the prosecution to request adjournments because a charge sheet is not ready, or for some other reason.
The law is there to protect citizens by making sure law-breakers are prosecuted and have their day in court.
With the level of technology availabel today, one would expect police and court officers to be literate and efficient.
Meanwhile, the increase in penalties has been long talked about for various offences like being drunk and disorderly, vandalism by graffiti, driving a vehicle at night without lights, and others.
The RTA is to reinforce law and order in the country, restore confidence and deter offenders.
We now hope that the penalties are applied so the public see it as a deterrent and that authorities are serious about promoting a trouble-free community.
The challenge now is for the police officers to arrest offenders, put the paper together swiftly with relevant evidence so the court can deal with the case effectively.
These officers and many others need to be supported by way of ensuring funding is allocated.
Police should be adequately funded to make arrests, and the officers should know what is required of them before an offender is charged.
Unless the enforcers are empowered and transformed, there is no point in having a law that promises tougher penalties.
With that said, the general public relies on the police to attend to their complaints, make the arrest, complete the paperwork and let the course of the law take precedence.
What hope does the public have if prosecution does not happen because an officer failed to tick a box on their checklist.
For now, what we need is successful prosecution.