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The full story on Gregory Afoko, bail issue and accompanying ‘ignorant comments’

Comment: State Impunity

Author:
Kofi Ata, Cambridge, UK
Date:
2019-07-20 14:19:22
Comment to:
The full story on Gregory Afoko, bail issue and ac


Iddi MuhayuDeen, having listened to the details of the bail application and the processes on Newsfile today, I did not hear anything new for me to change my mind that the state is acting with impunity. The processes give the impression of the criminal justice system not working effectively if the police and the judicial office are suspicious of each other in executing a lawful bail.

My understanding of what went on is a clear abuse of state powers because the state was acting deliberately to frustrate the granting of bail. Again, the reversal of the original bail granted by one high court judge is also per incuriam because a high court judge cannot review and reverse the judgement of another high court judge, without directions from a superior court. A high court cannot be an appellate court over high court. That is an anathema in the administration of justice. Finally, as there was an appeal pending at the Appeal Court on the same matter, the judge had no jurisdiction to even entertain the application, let alone reverse the original decision and these are the reasons why I say the decision to reverse is per incuriam.

Regarding your argument that there was change of circumstance, that is, the state was ready to prosecute, is laughable. I say so because it's not enough to claim change of circumstance but the change must be substantial to the granting of bail. Are you seriously saying that because the state was ready to prosecute if the accused was granted bail that would be a barrier to the state prosecuting? Or are you saying that because the state was ready to prosecute, the risk of the accused absconding becomes higher if granted bail? I do not believe so but simply an excuse by the state to abuse the rights of the accused and continue to disobey a court order with impunity.

Finally, it's worrying that the Chief Justice being aware that the bail matter was before an Appeal Court was wrong to reassign the case to a different high court judge. These are all abuses withing the administration of justice or procedural matters that are unconstitutional.

The state has failed woefully to seek justice for the deceased who suffered a barbaric death and for the family who continue to suffer. Instead of speeding up the trial, the state has resorted to abuse of process and prosecutorial powers. Why file for nolle prosequi at the end of trial and go for retrial? No judge in a democratic society should allow such abuse of process. Because the state realising that it has been unable to prove guilt in the first trial filed nolle prosequi in order to go on a fishing expedition for another attempt. Abuse of power of prosecution. It would not be allowed here in the UK. Once the state files for nolle prosequi at the end of trial, the court would discharge the accused and the state cannot rearrest the person without a court order. That would be contempt of curt by the state. These can happen in Ghana because laws, rules and regulations are neither enforced nor complied with (plantain republic).

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07-20 11:38
 
 
 
State Impunity
Kofi Ata, Cambridge, UK
07-20 14:19