Applications are invited from suitably qualified local candidates for the following vacant positions tenable at the Ministry of Justice and Law (LAW OFFICE).
DIVISION : CRIMINAL (MASERU & QACHA’SNEK)
JOB TITLE : SENIOR CROWN COUNSEL
GRADE: H
NO. OF POSTS: ONE (2)
RESPONSIBLE TO : : CHIEF ATTORNEY
JOB SUMMARY
Under the supervision of the Chief Attorney, the Senior Crown Counsel is responsible for representing Government in the prosecution of criminal cases, liaising with Police Investigators in analyzing evidentiary material for prosecution in Court.
MAIN DUTIES
- Preparation of Cases, the Pre-Trial Stage
1.1 Studies Police dockets in serious homicide cases in order to determine whether there is sufficient evidence upon which to proceed in Court.
1.2 Advises the Director of Public Prosecutions in aggravated homicide cases in order to determine whether they be may tried summarily in the High Court without a Preparatory Examination having been instituted.
1.3 Issues directives on Police dockets in aggravated homicide cases in order to determine whether a Preparatory examination may be instituted.
1.4 Determines whether Preparatory Examination proceeding disclose offences chargeable/indictable in the Subordinate Court respectively in order to determine which offence to proceed with against a suspect.
1.5 Draws up indictments [ and conducts criminal proceedings in the High Court in complex cases, viz ritual murder, sedition, internal security and armed robbery in order to proceed with the prosecution thereof,
1.6 Draws up-charge-sheets in serious economic cases chargeable in the subordinate Courts for prosecution by Public Prosecutors.
1.7 Prepares cases for Court including the acquisition of additional evidence and interviews potential Crown witnesses.
1.8 Examines and cross-examines witnesses with a view to assisting the Court to arrive at a just decision (i.e. acquittal or conviction).
- The Trial and Other Court Appearances
2.1 Appears in the High Court in Motion and Application proceedings in serious cases viz internal security, armed robbery, ritual murder, sedition, serious homicide cases and serious economic crimes.
2.2 Appears in the High Court in opposed bail applications viz-internal security, armed robbery, ritual murder, sedition and serious homicide cases serious economic crimes.
2.3 Appears for the Crown in criminal reviews emanating from the Subordinate Court to the High Court,
2.4 Appears in the High Court and Court of Appeal in aggravated homicide cases namely; ritual murder, murder in the cause of robbery, murder in the cause of rape and complex economic crime cases.
- Supervision of Professional Staff
3.1 Orientates newly recruited staff for adaptation into the job.
3.2 Guides the professional staff on the techniques of handling cases in order to enable them to discharge their duties efficiently.
3.3 Recommends training of Subordinate staff in order for them to be abreast with new legal developments.
3.4 Appraises Subordinate staff to assess their performance and to provide assistant as necessary.
3.5 Performs such other duties as may lawfully be assigned from time to time.
JOB SPECIFICATION:
- Bachelor of Laws (LLB) plus three (3) years relevant working experience as Crown Counsel.
- Responsibility
- Senior Crown Counsel to be given regional responsibility to supervise work of Senior Public Prosecutors.
- Periodic assignment of Crown Counsel to districts/regions for directives, guidance and prosecution of cases.
For Property
The incumbent is responsible for own errors that may be committed in handling cases e.g. failure to attend to a matter, which may cause delays and expenses to witnesses who would reimbursed although the matter did not proceed, answerable for errors of Crown Counsel, impacts on the reputation of the office of Public Prosecutions.
COMPLEXITY
Authority for decision-making.
The incumbent has the authority to make decision whether to proceed with a case within certain parameters, i.e. insufficient evidence, whether to defend an opposed bail application.
Administrative decisions relating to members of staff Subordinate to him/her.
Problem Solving
- The incumbent may solve problems relating to the manner of handling cases by Subordinates.
- Solving problems relating to the welfare of witnesses, i.e. accommodation and transport.
- Solving interpersonal problems.
Supervision Received
The incumbent is expected to work independently, except in respect of sensitive matters where close consultations with the Chief Attorney is required.
Contacts Made
The job requires the incumbent to make contacts with;
- All members of professional staff for consultations.
- Police investigations to give directives or progress on matters under investigations or proceedings in Court.
- Members of the Bar acting as Defense Counsel.
- Witnesses called for the Crown cases.
- The office of the Registrar on matters retaining to cases.
EFFORT
Mental Effort
The job requires very high mental effort when studying documents such as in fraud cases, studying accident reports maps from Police offices, reading Law books on presided cases and when assessing sufficiency of available evidence.
Physical Effort
The job requires frequent standing up when leading/presenting evidence in Court.
Emotional Effort
The job requires patience, tolerance and tact because of
Length and irrelevant cross-examination of defense Counsels.
Frequent interference of the Judiciary officer in the course of Court proceedings. Unreliable witnesses. - Leading of documentary evidence in as involved trial e.g. fraud, theft by fault pretenses, forgery and uttering and bribery cases.
There is also emotional effect resulting from the nature of evidence presented and the Judgement of the case (unexpected acquittal and conviction) Frequent postponement of cases.
Applications on relevant forms, G.P. 103 for job seekers and G.P. 104 for serving officers, accompanied by certified copies of Educational Certificates or transcripts should be hand delivered to Qhobosheaneng Office Complex Phase 1 Room 065 B.
Please note that all applications should be accompanied by a certified copy of National IDENTITY DOCUMENT (ID)
Not later than 23rd July 2021.