Monday, 29 May 2017

Conditional Release Vs Bail -- The Difference by Albert Nchinda

Albert Nchinda, Cameroons tweeter warrior wades into the debate of the supposed "conditional release" of two Consortium leaders. He opined that there is a misrepresentation of what is actually happening. He says it is bail and NOT Conditional Release.

He writes:

I am disturbed when some of our leaders and influential people use the term "conditional release" rather than "bail" which is a "temporary release" on certain "conditions" set by the court.

These conditions could include, a cash deposit, judicial supervision (visiting a judge within a jurisdiction weekly or bimonthly), placing their homes and/properties as a bond and other conditions.
  Conditional Release Vs Bail -- The Difference by Albert Nchinda
In addition to this, released on bail and staying in prison while trial continues have very few differences because, as a suspect and still facing charges, Barrister Agbor Nkongho & Dr. Fontem Neba cannot take public positions or make certain statements regarding the struggle which took them to prison. Why? Because, everything they say or do, could be used against them in court.

The lawsuit against them hasn't been discharged and they are not acquitted.Every person in prison awaiting trial, seeks for bail unless denied then they stay detained throughout trial.

Granting bail doesn't stop or end the lawsuit. They must go to Yaoundé for every trial session and if found guilty or given a jail term, they will return to prison.
Let's use the right terms and also, let us appreciate the work done by these lawyers.

A bail application was filed on April 23rd, hearing was scheduled for May 24th, the State prosecutor did not reject the idea of "conditional bail" NOT "freedom" NOT "Freedom & conditional release" please let us remain on facts and remember these young men in prison still have a lawsuit against them with multiple charges carrying the death penalty if found guilty.

This story of "conditional release" should not be propagated and I think it's time to put this theory aside. On bail or in prison, they cannot fight like free men or how many people expect, because, they must clear up this lawsuit first!

I will end by saying, the idea of bail did not come from the government!! Lawyers defending Agbor Nkongho & Dr. Fontem filed for the bail application during hearing on April 23rd, it was welcomed by everyone. Surprisingly, I see many people against the temporary release. Don't forget, these same lawyers are defending the 26 others and many more pro bono.


Mark Bareta thinks this is another side of the debate. We shall within the week shed more lights on the issues between Conditional Release and bail.

Stay tuned.
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