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General News of Tuesday, 11 November 1997

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Tribunal To Rule On Jail Breaker Nov. 13

Cape Coast, (Central Region) 7 Nov. The Central Regional Public Tribunal at Cape Coast will on Thursday, November 13, rule on whether Dela Mensah, 17, who escaped from police cells, should be granted bail. Mensah, who with five others escaped from cells at the Cape Coast Central Police Station on October four, has been re-arrested. The suspect who was re-arrested at Takoradi, was being held for alleged unlawful entry and stealing, when he escaped. Submitting a motion for bail today, Mr. Ato Mills-Graves, counsel for Mensah, noted that apart from being a juvenile, the suspect has a case of mental illness and also has a constitutional right to be granted bail. He referred to Section 309 of the NRC Decree which prohibits the granting of bail for certain offences including escape from lawful custody, but noted that his client has not been charged with that offence, and has merely been detained as a result of his escape. He therefore urged the tribunal to grant his client bail to enable him properly prepare his defence for the offence for which he was being held prior to his escape. The Principal State Attorney, Mr. J.E.K. Ossei in a reply, urged the tribunal not to entertain the motion because there is no evidence to prove that Mensah is mentally ill, and that "it is just a ploy" being used by his counsel. He noted that there is also no need for the tribunal to grant Mensah bail before he can properly prepare his defence and that counsel owed it a duty to contact his client wherever he was being held.