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Crime & Punishment of Friday, 5 November 2010

Source: GNA

Woman at centre of alleged bus rape story granted bail

Accra, Nov. 5, GNA - Amina Mohammed, the woman at the centre of the story of mass rape on an Accra-Bolgatanga bound bus, was on Friday released on bail following a ruling of the Human Rights Court.

The Human Rights Court (Fast Track Division) admitted Amina to GH¢5,000 with one surety and asked that she should appear before the lower court for the trial to commence.

This was after the court had heard arguments from both the state and the defence counsel. Mr Andy Appiah-Kubi, one of the counsel for Amina, in an application for bail condemned the mode of arrest by his client by the Police.

He said Amina was an informant to the Police of an alleged crime committed but noted that she was rather being held behind bars and was being treated as if she had aided or abetted to the crime.

Mr Appiah-Kubi said Amina was helping the police to get the alleged perpetrators of the alleged robbery.

According to him the detention of his client was a breach of her fundamental human rights under the constitution.

"If the primary condition of arrest was breached then the granting of bail becomes more than a right," he added.

Mr Appiah-Kubi said the offence against her was a misdemeanor and it did not fall under those that bail should be refused.

Counsel pointed out that the health condition of Amina, a mother of three, was not the best saying the police had had to take her to the hospital on a few occasions.

According to Mr Appiah-Kubi the state investigative machinery was bigger than Amina for her to even interfere with investigations.

He observed that at the moment, the witnesses in the case were scattered across the country and there was no way Amina could get in touch thereby interfere with the case.

Counsel further drew the court's attention to the fact that Amina had never had a brush with the law and there was no way she was going to abscond.

In response, Ms Gertrude Aikins, Director for Public Prosecution (DPP), complained that the state had not been served with the lower court's proceedings.

Ms Aikins said the remand of Amina was to ensure her own safety because there was tension in the country.

On the procedure adopted by the police, Ms Aikins said when Amina was arrested, she could not have been put before a court on Saturday or Sunday since the courts did not sit on those days.

"If defence does not want us to put her into protective custody, then we don't have anything to say," the DPP said.

Amina on Tuesday, November 2, appeared before an Accra Circuit Court charged with publication of false news with intent to cause fear and panic and deceit of public officer.

Amina, a hairdresser, pleaded not guilty.

The court, presided over by Mrs Patience Tetteh-Mills, remanded her into Police custody pending further investigations.

The case of the state is that Amina lived at Ashaiman, near Tema. On October 11, she and her mother boarded an Accra-Tamale-Bolgatanga Yutong bus with registration number GN 263-10 to attend a funeral. The prosecutor said Amina alleged that on their way, they were attacked by armed robbers at Kubiasem, near the Customs, Excise and Preventive Service barrier before Ejisu, in the Ashanti Region.

She claimed that the armed robbers compelled the men on the bus to rape the women adding that a man who was traveling with her 14 year-old daughter was made to defile his daughter.

This allegation, prosecutor said, was reported to a radio station and thereafter several radio stations took up the story and published it thereby causing fear and panic.

When the driver of the alleged bus was contacted, he told the police that on October 11, he left Accra with 47 passengers for Bawku through Tamale and Bolgatanga.

He said at about 10:00 p.m. he saw road blocks mounted by robbers but he drove through the road block.

The alleged robbers fired at the vehicle causing extensive damage to his bus.

He lodged a complaint at the Ejisu Police Station and continued the journey to the various destinations.

Police investigations confirmed that there was an attempted robbery at Ejisu in the Ashanti Region.