Don’t settle rape, defilement cases at home – Appeals Court Judge

Justice Mensah -Homiah addressing participants at the durbar

 An Appeals Court Judge, Justice Angelina Mensah-Homiah, has urged opinion and community leaders not to entertain or settle cases of crime at home.

“When Imams, market queens, parents, families, come to you, don’t settle these serious cases like rape or defilement, at home. It’s the jurisdic­tion of the courts. It’s not all matters that are amenable to settlement,” she stressed.

Justice Mensah-Homiah gave the advice at a durbar held last Friday, to mark the Alternative Dispute Resolution (ADR) week in the Western Region on the theme “Building pillars of justice through Alternative Dispute Resolution (ADR).”

Quoting Section 1 of the ADR Act 2010, Act 798, she explained “Clear­ly cases which cannot be settled by ADR include matters pertaining to the national or public interest, the environ­ment, the enforcement and interpreta­tion of the Constitution and any other matter that by law cannot be settled by an alternative dispute resolution method.”

“So for cases like galamsey and cor­ruption, we will litigate in court,not at home. However, for ‘smaller’ cases like insulting someone, you can settle them at home,” Mrs Mensah-Homiah told the gathering.

She explained that any court, with criminal jurisdiction may promote reconciliation, encourage and facilitate a settlement in an amicable manner of any offence not amounting to crime.

She said, the settlement might not be aggravated in degree, on payment of compensation or on other terms ap­proved by the court before which the case was tried.

Justice Mensah-Homiah said “The Court shall have a duty to encourage the amicable resolution of commercial claims and early settlement of pending commercial litigation by voluntary ac­tion of the parties in accordance with the provisions of this Order.”

“Our Courts can only be said to be ‘user-friendly’ when the adjudication process was ex­peditious, trans­parent, devoid of unneces­sary ex­pense and cases were completely and effec­tively de­termined”, she said.

The Judicial Service, Mrs Men­sah- Ho­miah said, adopted ADR in 2005, to enhance access to Jus­tice, promote privacy, encourage and build relationships, adding it promoted voluntary settlements.

From Clement Adzei Boye, Fijai