Tuesday, June 26, 2012

Ken Agyapong's case adjourned

May 5, 2012 (Front page) THE Accra Fast Track High Court on May 4, 2012 granted two weeks adjournment to enable the state receive the docket on the case involving the New Patriotic Member of Parliament (NPP) Member of Parliament for Assin North, Kennedy Ohene Agyapong, who is alleged to have pitted Ashantis against Gas and Ewes and declaring war. The court granted the adjournment after a Chief State Attorney, Ms. Merley Wood, had informed it that the police were yet to forward the docket on the MP’s case to her outfit for study and advice. She also cited the inability of the police to have access to the MP for investigations because he was not reporting to them due to the fact the Fast Track High Court presiding over his case did not order the MP to report to the police when it granted him bail in the sum of GHC200, 000 with two sureties on April 19, 2012. The court, presided over by Mr. Justice Charles Quist, averted its mind to the prosecution’s prayer for an adjournment and subsequently adjourned the case to May 23, 2012 but was silent on whether or not to order the MP to report to the police on a particular day or days. Agyapong, who wore a locally designed outfit smiled and interacted with sympathisers when he entered the courtroom at 10:18 a.m. The large crowd which besieged the court premises on April 19, 2012 when the MP was first arraigned before the Fast Track High Court was missing at the court’s sitting in Accra today. Pockets of supporters were spotted around the court premises which was heavily guarded by armed policemen detailed there to maintain law and order. Although, the MP was charged with three counts of treason felony, attempted genocide and engaging in terrorism act for allegedly inciting Ashantis against Ewes and Gas as well as declaring war on April 19, 2012, Ms. Wood, informed the court that the police had not referred the docket on the case to her outfit for advice and study. The lead counsel for the MP, Mr. Ayikoi Otoo, expressed surprise at the prosecution’s statement that the police was yet to refer the docket on the case to the Attorney-General’s office. He, therefore, questioned the basis upon which the MP was charged and put first before the Adjabeng District Magistrate and consequently, the Fast Track High Court. He reminded the court and the prosecution that his client was duly charged, his plea taken and facts of the case read to the hearing of all present at the Adjabeng District Magistrate and Fast Track High Courts on April 18 and 19, 2012 respectively. Mr. Otoo argued that the prosecution generated the facts of the case and even added that nine vehicles were destroyed at the Police Headquarters when Agyapong was arrested on April 16, 2012 following his alleged intemperate comments. Meanwhile, Mr. Agyapong’s lawyers on April 24, 2012 discontinued an application which had prayed the Human Rights Court to order the Inspector General of Police (IGP) to produce the MP. Following his continuous incarceration, his lawyers filed an application for habeas corpus praying the court to order the IGP to produce the MP in court. The court presided over by Mr. Justice Kofi Essel-Mensah, obliged, granted the MP bail on health grounds and ordered the IGP to produce the MP and explain to the court why the MP should continuously be kept in detention. Barely four hours after the MP had been granted bail, he was hauled to the Fast Track High Court charged with three counts of treason felony, attempted genocide and engaging in terrorism act for allegedly inciting Ashantis against Ewes and Gas as well as declaring war. He was, however, granted bail by Mr. Justice Quist. In granting the bail, the court also bonded the MP to be of good behavior until the final determination of the criminal action against him. As a result of the grant of bail to the MP, one of his lawyers, Mr. Andy Appiah-Kubi, went before the Human Rights Court and expressed the decision of the applicant to discontinue the application for habeas corpus. The application was subsequently struck out. END.

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