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General News of Thursday, 26 June 1997

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Intentional Libel Case To Commence On July 23

Accra (GAR), June 23, - A circuit court in Accra will on July eight start hearing a case in which Mr Eben Quarcoo, Editor of the Free Press and two others, are charged with intentionally libelling the First Lady, Nana Konadu Agyeman Rawlings. The court presided over by Colonel Victor C. Doegah (rtd) gave the date for definite hearing after counsel for the state and the accused had agreed on the date. On trial with Quarcoo are Tommy Thompson Books Limited, publishers of the Free Press, and Tommy Thompson, Director of the Company. Mr Thomas Ahlijah, a principal state attorney, is for the state while Nana Akufo-Addo is representing the accused. On July 28, 1995, the accused appeared before the court on a two- count charge of intentional libel, following the publication of a story which alleged that Nana Konadu Agyeman Rawlings dealt in narcotic drugs. Nana Akufo-Addo applied to the court to strike out the charge on the grounds that it had no jurisdiction to try the case since the First Lady was not a public officer and that she could not initiate a criminal action against his clients. Counsel added that Section 112 (2) of the Criminal Code (Act 29 ) of 1960 under which his clients were charged affected only public officers and not private persons. When the court rejected the application, counsel appealed to the High Court which on January 12, 1996 upheld the decision of the trial court. Counsel for the accused then filed an appeal at the Court of Appeal which dismissed the objection. Counsel again appealed to the Supreme Court which ruled that the charge was proper and that the circuit court must proceed with the case.