The Charlie Kirk murder case has officially commenced in Utah, USA. The suspect, Tyler Robinson, made an appearance in court and has been charged with Aggravated Murder, along with six additional offenses:
- Felony discharge of a firearm,
- Obstruction of justice by relocating a firearm,
- Obstruction of justice by disposing of clothing,
- Witness tampering by instructing a roommate to delete text messages,
- Witness tampering by directing a roommate to remain silent,
- Committing a violent offense in the presence of a child.
Personally, I find it rather intriguing that during arraignment, the 22 years old refused to enter a plea of guilty or not guilty, plundering the court into a stalemate. This is called the « NO PLEA » stance.
What will be the way forward for the courts in your country or jurisdiction should a suspect adopt the “no plea” stance, especially in a murder case?
The position of the Cameroonian Legislation on a « no plea » stance is clear and unequivocal in its Section 370, which states; « If the accused refuses to plead, the court shall record this fact and proceed as provided under section 365 » Section 365(1);
« Where the accused pleads not guilty, the court shall hear the witnesses for the prosecution and for the civil party in compliance with provisions of sections 328 and 330 »
Therefore, in Cameroon and many other jurisdictions of modern democracy, when an accused adopts a "no plea" stance, the court shall automatically invoke a "default plea » which is the « not guilty plea», in a bid to uphold constitutional safeguards to a fair trial, thereby allowing the case to proceed.
Oh yes! it is every person’s constitutional right to have their day in court, even in the most ferocious murder cases.
Away from the Rule of Law, I am curious to know whether the Robinson family will engage a team of defense lawyers for their son, Tyler, after cooperating with law enforcement for him to be apprehended, or if they will relinquish his fate entirely to the court system’s amicus curiae or will a lawyer show up to provide pro bono services to Mr. Robinson?
After a decade of experience as a criminal defense attorney, I can assert that it’s gonna be a long day in court, with unexpected twists and developments arising during the journey to uncover the truth surrounding the swift murder of Mr. Kirk.
What could be the impact of such a high-profile murder case on both domestic and foreign policies of your country?
If you wish to know more about your Constitutional Rights that must be respected in court, in your presence or by default write « FOR SURE » in the comment section.
Thank you.
Tabe Ma’Enow Esq.
Lawyer | Author | 2x Founding Partner
