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Crime & Punishment of Monday, 3 December 2007

Source: GNA

Ho High court grants bail to seven suspects in Anlo clashes

Ho, Dec. 3 GNA - Seven persons remanded in Prison custody in connection with clashes at Angloga last November were on Monday granted bail each in the sum of GHc 15,000 with one surety by a Ho High Court. The seven, Francis Adzra; Yaw Agbemakor; Kpodo Prince Wisdom; Kwaw Galley; Atsu Afedo; Aaron Agbota and John Kuwornu Seforga are to report to the Keta District Police Headquarters once every two weeks. Granting bail to the suspects, Justice Kofi Essel-Mensah held that the facts sustaining a charge of murder did not fit into the definition of murder as provided for by section 47 of the Criminal Offences Act 1960, Act 29 which prohibited the Court from granting bail in murder cases.

He contended that no prima facie case had been established against the applicants, saying; "unfortunately the facts are replete with doubts".

Justice Essel-Mensah said: "I am convinced that in the circumstances of this case, the charge of murder is not well laid and a court of law should not be lured into such illegality." He held that the offence of murder by the Prosecution was for the sake of convenience to allow the Police ample time to conduct investigations, adding that "the irony in this approach is that the Prosecution is seeking grave injustice of unfathomable proportion being done to the applicants".

Mrs Felicia Otchere-Darko, Chief State Attorney for the Volta Region, re-affirmed the correctness of the facts and opposed the bail application but counsel for the applicants led by Mr Ernest Gaewu argued that the facts of the case did not support the offence of murder. The seven were among 65 other suspects arrested by the Police at Anloga on November 1, 2007 for various roles they played in the clashes resulting from the Anloga chieftaincy dispute.

They were earlier found to have incriminating pieces of evidence in the clashes by a Ho Magistrate's Court and remanded in prison custody.