Rawlings' Contempt On Hold

The drama that was expected in Justice Afreh's court yesterday failed to materialize. Rawlings was neither in court, as expected by the media, nor was his "contempt" case as riveting as had been billed by the media and public fancy.

Rawlings was not dragged screaming to jail as expected by some people nor was he set totally free as would have been expected by those who think he never does wrong. Instead, the Fast Track High Court hearing the Quality Grain case referred comments made by the ex-Flt. Lt. to the Attorney-General's Department to determine whether or not to proceed with contempt charges against him.

There was much speculation as to what would happen to Rawlings, with some of the more determined opinions hinting at drastic measures. With the judge's ruling, the ball is now in the court of the Attorney General.

Justice Kwame Afreh gave his ruling after hearing submissions last week from the Deputy Attorney General, Ms. Gloria Akuffo, who had pleaded with the court to invite Rawlings to retract offending statements he had made in the media about the Quality Grain trial.

In making the ruling, he said the statements attributed to Rawlings went beyond the bounds of propriety.

Amidst tight security inside and outside the Supreme Court premises the presiding judge said it was very unfortunate for Rawlings to allege that some judges and judicial staff had been manipulated to achieve a political agenda, especially in the case of former Deputy Minister of Finance, Victor Selormey.

Justice Afreh with characteristic good manners and humour said "the statement contains serious aspersions and slurs to the integrity" of the judiciary. All the present members of the judiciary and judges were appointed and promoted by him when he was President."

In this regard, Mr. Afreh said with judicial bluntness, that what Rawlings therefore implied was that the judiciary was manipulated during the PNDC era by the Executive. However, he swiftly checkmated himself with, "I sincerely hope that this is not true."

The judge quietly reprimanded, "These are not statements one expects from a former President."

Rawlings, he explained, is not an ordinary citizen because he ruled Ghana for twenty years of which eight were under constitutional rule. Thus someone who had been the number one man of the state should have known better.

"Nobody should think he is above the law. I therefore advise him not to say things that may damage the reputation of an institution he helped to build in the 1992 constitution."

The Judge advised Rawlings to exercise restraint in his comments. He reiterated, "The statement would not have any effect on my mind, the main concern is that the words of the former President are calculated if not intended." He said his verdict would be based on evidence.

He told the court which was filled to capacity that the courts are not above criticism and it is the right of every citizen to castigate the judiciary provided it is fair and in good taste.

It would be recalled that on January 21 Rawlings in an interview made statements that were seen as being prejudicial and in contempt of a court of competent jurisdiction.

After his ruling, the judge allowed himself a little sarcasm at the expense of those who had thronged the court premises in anticipation of "chaos". The police could now leave, he told his captive audience, after which he went back to the substantive case of Quality Grain.

The next appearance regarding Rawlings and contempt in Justice Afreh's court, it would seem, would be at the behest of the Attorney General. An Appeal Court Judge, sitting as a High Court Judge, Mr. Justice Kwame Afreh, has said former President Jerry John Rawlings cannot be invited to the Fast Track Court to answer questions on recent interview he granted some radio stations in Accra.

Fast Track Court cannot invite Rawlings to appear before it - Judge

-GNA
Mr. Justice Afreh, presiding over an Accra Fast Track High Court said, ''every citizen of this country has a right to criticise or express concern over media reports of events, including court proceedings. So the former president was within his rights to criticise what he thought were biased, or one-sided reports of evidence produced in this court or any other court. Whether his criticism is valid, I leave to the media to say.''

Deputy Attorney-General, Ms. Gloria Akuffo, had prayed the court at its last sitting to invite the former president to retract some offending material in an interview he granted to PEACE FM Radio on or about January 21, 2002, parts of which were also reproduced by JOY FM Radio the following

The Deputy Attorney-General said the offensive materials were contentious and the former president should be made to retract them and to render an apology with a view to purging himself of contempt of court.

She said the interview criticized four main issues. These include biased media reports of the proceedings in that court; the judgement in the Selormey case; the decision to prosecute former ministers and public servants in the National Democratic Congress (NDC) government; and the decision of the court that, five out of the six accused persons charged before the court have a case to answer.

Mr. Justice Afreh who dealt with three of the matters together, because they raised substantially the same issues, said " it is a well-established principle of law that it is lawful with candour and decency to discuss the merits of the verdict of a jury, or the decision of a judge which are matters of public interest and concern."

The Judge said where the authority and position of an individual judge or the due administration of justice is concerned, no wrong is committed by any member of the public who exercises the ordinary right of criticising, in good faith in private or public.

He said the authority and reputation of the courts are not so frail that their judgments need to be shielded from criticism, adding that it is the inalienable right of everyone to comment fairy upon any matter of public importance, this right is one of the pillars of individual liberty - Freedom of speech.

The Judge said, in view of Article 19 and 88 of the 1992 constitution, if there should be any prosecution for any offence the former president might have committed, it should be instituted by the Attorney-General.

He said, "the matter is therefore, referred to the Attorney-General for any necessary action", saying, "in view of this I do not think that it is necessary to invite the former president to this court to retract the offensive matter and apologise''.

In his opinion, many of the statements went beyond the bonds of propriety. Whether or not they constitute criminal libel and whether or not any prosecution is brought, they are not statements one can expect from a former president of this country.

According to the judge, it has been argued that the former president was exercising his constitutional rights of freedom of expression. ''We should not deceive ourselves, for former President Rawlings is not an ordinary Ghanaian. He ruled this country for 20 years, eight of them as President under the 1992 constitution''.

As a former president, Ft. Lt. Rawlings should be expected to promote respect for institutions of government including the judiciary, Justice Afreh said adding, ''it seemed perhaps without rehearsing it, he has rather chosen to join those who think they can culminate the judiciary with impunity''.

To such people, he said: ''the arm of the law is long and strong. It is capable of reaching and bringing to book anyone who may choose to traduce it, since the law is no respecter of persons''.

He said the law respects only those who obey its commands and abide by them, so nobody should think he is above the law or immune from its sanctions.

The judge advised and appealed to the former president not to do or say things that damage the institutions that he himself helped to build or established, and that he should rather join with other right thinking members of the society to strengthen the democratic institutions established by the constitution which he himself promulgated in 1992.

He stressed further that, the former president should exercise restrain in his comments on court proceedings, even if he thinks a court was wrong.

Meanwhile the former President has hinted of his intentions to form his own church to help him propagate his ideals and other virtues he's espoused over the years.

Rawlings made his intentions known at Winneba in the Central Region when he was given the opportunity to speak to mourners at the burial service of the late Armstrong Charles Acquah, a well-known contractor who was a founding member of the NDC.

In line with his desire, the Senior Bishop's Deputy who has the power to ordain priests in the Zion Church conferred on the former president the title, "Pastor" leaving Rawlings the option of deciding when to begin his pastoral duties.

Rawlings, who celebraed the silver jubilee of his marriage to his wife, Nana Konadu Agyemang-Rawlings Tuesday January 29, confirmed to radio stations in Accra that he intends to continue to espouse what he believes in and although he might not necessarily have to form a church to do it, the idea of forming a church is there. "May be someday, I will establish my church, " the former President said with some amount of seriousness before Rev. Dr. Zormelo moved to pronounce him, "pastor"