Deputy Attorney General Justice Srem-Sai has challenged critics of the government’s push for speedy trials, who claim the process is being manipulated to achieve partisan objectives.

He insists that the mere decision to pursue cases quickly does not amount to a perversion of justice.

“Because if you say by being fast, being fast alone doesn’t mean that you are perverting the course of justice,” he said on Joy News’ PM Express.

His comments come amid a growing controversy over the conduct of cases during the legal vacation, with concerns raised by sections of the Ghana Bar Association (GBA) and defence lawyers.

Justice Srem-Sai rejected the argument that superior courts cannot conduct trials during the legal vacation.

He explained that vacation judges are entitled to their own vacation but may be assigned to handle urgent matters from other courts during that period.

“A vacation judge is also a judge who is entitled to his vacation, so when he works on vacation, what he does is that, just as the courts come back, then he goes, proceeds on his vacation,” he explained.

According to him, a vacation judge continues to hear substantive matters in their own court while handling motions and urgent matters assigned from other courts.

He described the alternative interpretation as unworkable because it could prevent judges from hearing their own cases for extended periods.

“So, it’s bizarre, and I think for now, there’s ample evidence even from the media. Journalists have been able to pull out several cases, instances where courts have conducted trial, superior courts have conducted trial during the legal vacation.”

He cited the Takoradi Girls case as one example of a trial conducted during the legal vacation.

“One of our attorneys just, you know, were going through our files, and reminded us that even the Takoradi Girls case, said it was conducted during the legal vacation. I didn’t even know, was conducted during the legal vacation, even amid protests from defence counsel.”

Justice Srem-Sai also rejected the suggestion that lawyers must agree before a case can proceed during the legal vacation.

“What it means is that now lawyers are deciding how cases should be conducted, which is never the essence of establishing a judiciary.”

He said the interests of parties in a case often differ, making the role of judges crucial in balancing those interests.

“I want it fast, and I want it fast because the law, the Constitution, demands that we conduct trials fast, quickly, speedily. It’s a constitutional provision.”

He cited Article 19(1), which he said guarantees an accused person a fair and speedy trial.

Justice Srem-Sai, however, acknowledged why defence lawyers may prefer slower proceedings, particularly in criminal cases.

“Evidence is fungible,” he said, explaining that witnesses may die, memories may fade, and documentary or electronic evidence may deteriorate with time.

He was also confronted with allegations that the government wants to expedite some high-profile cases to satisfy its political base.

Justice Srem-Sai said political and constitutional interests can coincide.

“So, the interest of my political party, the NDC, can be equal to the interest of the constitution, and in this case, I’ve demonstrated that the constitution mandates that we have a speedy trial.”

On allegations that the government is manipulating the legal vacation to achieve this objective, he said critics must provide evidence.

“That allegation is what we are expecting them to prove,” he said.

He argued that the Chief Justice’s decision to constitute vacation courts is consistent with longstanding practice.

“Whatever the Chief Justice has done, at least the evidence shows that it is the standard practice for decades, for so many years in this country, that during vacation judges sit, vacation courts are appointed.”

Justice Srem-Sai further argued that if the legal vacation were being manipulated specifically to fast-track selected cases, other cases would not be allowed to proceed.

“If it were something that we are trying to manipulate and we have the power to do, then it’s possible, then we should. I don’t see why we should allow other cases like SSNIT and others to go on vacation.”