Very recently, an eighteen-year-old boy had the temerity to exercise his right to freedom of expression and ‘flipped the bird‘ or ‘gave the finger‘ to the presidential motorcade which was passing. He was promptly arrested without a warrant (hopefully by a member of the Police Force who saw the commission of this act) for the summary offence of making use of an obscene gesture. The offence is punishable upon conviction by a fine with an alternative of imprisonment.
When the charge was called in Magistrates’ Court, the youngster pleaded not guilty, whereupon the presiding magistrate refused to grant bail, and remanded him to prison until the next trial date one week later. At the next trial date, the prosecutor sought to amend the charge, the youngster again pleaded not guilty, and the magistrate again remanded him to prison until the next trial date. That exercise of discretion by