herald

THE Attorney-General’s Office has said it will prefer charges against law officers and prosecutors who consent to bail in serious offences without clearance from head office.

The directive has triggered sharp criticism from law officers and prosecutors who claim the move amounts to interference, with some threatening to resign if it is implemented.

In a recent memorandum addressed to all law officers, section heads, senior public prosecutors, area public prosecutors and prosecutors in charge, director of public prosecutions Ms Florence Ziyambi expressed concern over the number of robbers being released on bail.

Ms Ziyambi said consent to such bail was done without approval from herself, section heads or AG Mr Johannes Tomana.

"This is a clear defiance of directions. Miscon-duct charges will be preferred against officers who have consented to bail on such matters in clear defiance of instructions.

"This also serves as a reminder to all officers to abide by office instructions. There is no bail for serious offences including robbery.

"The office will deal with officers who continue to consent to bail on serious offences," she warned.

The memo, however, angered several law officers and prosecutors who said they were professionals and could exercise their discretion on bail matters.

"We cannot believe that our office would treat us like that on top of the already frustrating conditions," said one law officer, speaking on condition of anonymity.

Another added: "This means that if your opinion differs with that of the director, you can get prosecuted.

"She should allow us to exercise our discretion, we went to law school for four years and I am

sure we can handle matters of bail."

Prosecutors said Mr Tomana told Parliament recently that prosecutors had the discretion to consider whether or not to consent to bail.

Ms Ziyambi yesterday defended the directive, adding it was necessitated by the way law officers and prosecutors were handling third schedule offences, such as murder, rape and armed robbery.

She said in May and June last year, a number of criminals were released on bail with law officers and prosecutors’ consent.

"The gang that raided the home of the Regional Integration and International Co-operation Minister (Priscilla Misihairabwi-Mushonga) had been released on bail by our officers.

"Prosecutors must be aware of our policy and procedures.

"When they stand in court, they are not representing themselves, but the AG.

"We are saying they should not consent to bail for serious offences."

Ms Ziyambi said the AG’s Office was an organised department with division heads who should be consulted.

"We will prefer charges against law officers and prosecutors who consent to bail for serious offences.

"If you discipline someone, it does not mean you hate them," she said.

Asked if the AG’s Office was not interfering with law officers and prosecutors’ discretion, Ms Ziyambi said: "If they do not follow procedures, we don’t just sit back but take necessary measures."

Ms Ziyambi said the public had to be protected from dangerous and habitual criminals, hence the directive.