Court dismisses editors' application

Accra (Greater Accra) 23 March ?99

An Accra Circuit Court on Monday dismissed an application for stay of proceedings pending the determination of an interlocutory appeal in the case in which two editors are charged with publishing materials likely to injure the reputation of the Government. The court presided over by Mr Victor Ofoe said the application has "no basis in law" and is not relevant to the case. It therefore ruled that the case must proceed on April 27. The editors, Kofi Coomson of the "Ghanaian Chronicle" and Eben Quarcoo, formerly of the "Free Press", filed the application following the dismissal of their earlier application calling on the court to abort the trial, because President Rawlings allegedly made public statements which, to them, were prejudicial to the trial. Dissatisfied with the court's ruling, Coomson and Quarcoo appealed against the verdict and applied to the court to stay proceedings until the determination of the appeal. Coomson and Quarcoo in 1996 published in their newspapers that the NDC government was dealing in drugs and intended to use the proceeds to purchase arms and ammunition to destabilise the country if it lost the 1996 general elections.

They have pleaded not guilty and are on 10 million cedis bail each. In another development, the court dismissed a motion filed by Quarcoo for the abortion of his trial on a charge of criminal libel. Quarcoo published that the First Lady, Nana Konadu Agyeman Rawlings, dealt in drugs and carried gold on unannounced trips abroad. He filed the application on the grounds that President Rawlings on three occasions made public statements on the subject-matter of the trial and that those comments were prejudicial to his case.

In its ruling, the court said the applicant could not produce any evidence that the President's comments were prejudicial or could influence the court in its judgment. It said Quarcoo's application could be valid only if his trial was by a jury and not in a situation of a single judge presiding over a court. The court said the trial of offences under the Criminal Code, like the one under which Quarcoo is being tried, must be "executed to the fullest and under no condition should it be aborted". It therefore refused the application and ordered that the trial must continue on April 27.