A question of justice
The rate of crime in the country these days is so disturbing that even the authorities are finding it hard-hitting to rein in the menace. Crimes these days are unbridled in many towns and housing areas and this has lead to ordeals, injuries and deaths. The point is even when criminals are caught some are let off the hook by the court on technical grounds.
Crimes are sometimes committed by the well-heeled knowing well that it is not going to be easy for the prosecutors to incriminate them in court as these criminals are capable of employing experienced lawyers to get their case dismissed based on technicalities.
Hence, disallowing technicalities in dismissing civil cases or granting acquittals in criminal cases is a positive move by the judiciary to ensure that the victims of crimes are given due justice. At times, a rape or murder may be committed in such a manner that the criminal is known and the law holds his custody, yet it cannot punish him just because of technicalities and therefore cases brought to court are dismissed.
Laws are no doubt created to protect the society but human ingenuity can elude these same laws if the defence counsel is competent enough to make the most of the technicalities and have a case dismissed.
What's more if crimes are planned deliberately by criminals who are aware that they can be acquitted based on technicalities. If a criminal knows well the technicalities of the law he may commit hideous crimes and yet wrongs brought about will not allude to him of the crimes set by the laws. Technically, it is possible to execute wrongs in such a manner that they will have all the effect and all the resulting profit of desperate crimes and yet not be crimes before the law. Criminals would thus perceive that wrongs are crimes only when certain technical elements are present.
Many cases have failed in the court of justice due to these technicalities as many experienced lawyers have cleverly instituted this implement in defence of their clients resulting in having many criminals let off.
In reality this is not going to be fair to the victims of any civil or criminal transgressions in a democratic society.
Cases can be technical or substantive in nature but when the aim is to do justice to a society criminals who have caused tremendous miseries to others should be seen to be appropriately chastised. Our justice system should ensure that this comes about.

