The recent ruling by the Court of Appeal, addressing the lack of a right to a speedy trial in a case involving the rape of a child by her football coach, has sent shockwaves through the nation. In a decision that seems to contradict the very essence of justice, the Justices of Appeal held that neither victims nor the accused have a right to swift proceedings. This ruling, while legal, seems to fly in the face of the fundamental right to “the protection of the law” as outlined in our country’s constitution.
The case, which involved a minor who was impregnated by her alleged attacker at the age of 16, highlighted the devastating impact of delays in the justice system. This young girl endured years of trauma as the case was repeatedly adjourned, causing her severe emotional distress every time she had to face her alleged abuser in court.
Despite the clear violation of principles such as justice delayed being justice denied and the need to protect minors, the Court of Appeal dismissed the notion that fundamental rights were being infringed upon. This ruling, if taken to its extreme, could potentially allow trials to continue indefinitely without any consideration for the impact on victims.
While the Court’s decision may seem harsh, their acknowledgment of the need to consider victims in a “sensitive, practical and meaningful way” in their order for costs is a small silver lining in an otherwise bleak outcome. It is clear that the issue of swift justice needs to be addressed in a more comprehensive and compassionate manner to ensure that victims are not further traumatized by the very system meant to protect them.
