Former editor of "Free Press" convicted

ACCRA, Ghana (PANA) - The former Editor of the "Free Press", an independent newspaper, Eben Quarcoo, was Thursday convicted by a Circuit Court in Accra on two counts of intentional libel.

The court, however, deferred sentence until 11 November and ordered that Quarcoo be remanded in prison custody until that day.

At the end of his 18-page judgment, Judge Victor Ofoe, noted that the maximum sentence for which the accused was charged is three years.

Also found guilty was Tommy Thompson Books Limited, publishers of the newspaper.

Tommy Thompson, managing director of the publishing company, who was initially charged with Quarcoo, died before the case ended and his name was struck off the charge sheet.

When judgment was passed, Akoto Ampaw, counsel for Quarcoo, made a passionate plea for mitigation and urged the court not to impose a custodial sentence.

However, Martin Amidu, deputy attorney general and prosecutor, urged the court to impose a custodial sentence to serve as a deterrent because the accused did not show any remorse during the trial.

Quarcoo and the publishers pleaded not guilty.

The former editor and the publishers were charged with publishing in the 30 December, 1994 edition of the Free Press that the First Lady, Nana Konadu Agyeman Rawlings, allegedly trafficked in gold and narcotic drugs on unannounced trips outside the country.

Giving reasons for its verdict, the court noted that the prosecution called four witnesses, including Nana Konadu, whose evidence grounded the charge against the accused persons.

It condemned their conduct of hiding behind press freedom to write scandalous materials about members of the public.

"Our society is still largely gullible and ignorant and such falsehood can dangerously distort the orientation of the society. The courts have a duty to protect the society from such delinquent pressmen," the judge said.

"A venal and irresponsible press is a danger to democracy," he added.

"Newspapers which publish lies, knowing them to be lies, must run the risk of being suppressed by the courts. Those who operate the media are not immunised from the exacting and all pervasive standard of probity and accountability."

He said from the totality of evidence adduced before him, he found the accused persons guilty and accordingly convict them.

Quarcoo, in his defence said, the publication was already in the public domain because some private weeklies had published matters concerning the complainant.

According to him, there was no rebuttal from anybody when the other newspapers made those publications.