Last week, the colleagues of a policewoman voiced disapproval that after she was ordered remanded by a resident magistrate's (RM), she was placed in a cell with male prisoners.

Many citizens have extended their sympathy to the policewoman after hearing her ordeal. They feel that whatever happened in court between the policewoman and the RM gave no one the right to place her in the cell with male prisoners.

A policeman said he has no choice but to blame his colleagues for whatever happened to her after the RM made the order.

"The police ought to know that the rule forbids male and female prisoners being placed in the same cell," the policeman said.

"Even if the judge had ordered a civilian woman to be kept in custody, the police working at the courthouse have no right to put her in the same cell with male prisoners. If there is only one cell, then they should find a safe place to put any female who is in the custody and control of the police. A RM has no authority to compel the police to put an accused in a particular cell, jail or prison. It is the responsibility of the police to put the detainee in the appropriate cell or jail.

male prisoners

"It is shocking to me to hear from reports that the policewoman was actually placed in a cell with male prisoners. The RM cannot be blamed for the policewoman being placed in the cell with male prisoners because the police on duty at the court have a responsibility, and must do their job without fear or favour. The RM has his or her role to play and the police manning the courts have their role to play. If I were at that court or working in the cell, there is no way I would have placed a female in a cell with male prisoners.

"This is something that government officials, the Police High Command and the Judiciary must address. The safety of prisoners is of paramount importance. Once they are in the custody of the State they must be protected," he added.

There were queries as to whether the policewoman can bring a suit against the Government for what had happened to her.

good cause

One lawyer was quick to point out that a resident magistrate has the power to cite someone for misbehaviour but must have very good cause to do so.

The lawyer said a resident magistrate can be sued if he/she exceeds his/she jurisdiction in trying certain cases, or making a wrong order. He said there have been cases where RMs have been sued by citizens.

Another lawyer said the policewoman could bring a suit against the police and the attorney-at-law based on the fact that there were breaches of the rules governing her detention.

The RM has the authority to cite a person for misbehaviour for failing to obey an order of the court (as long as that order is lawful). Persons can be cited for misbehaviour if they show disrespect for the RM or others in the courtroom or in the precincts of the court. A person can also be cited for displaying violent behavior and disrupting the court's proceedings with noise.

The penalty is usually a fine. In most cases the person cited for misbehaviour if ordered detained, is usually taken back to court before the court adjourns. The person usually apologises to the court and, after a reprimand from the resident magistrate, is usually allowed to go free.