Near chaos at Cocoa Affairs Court

October 15, 2010 (Page 19)

THERE was near chaos on the premises of the Cocoa Affairs Court when a radio panellist who was charged with publishing false news with intent to cause fear and panic was freed by the Accra Circuit Court for want of prosecution.
While his family and friends jubilated upon his discharge, two police officers attempted to re-arrest him.
Nana Darkwa Baafi’s lawyer, Mr Mike Ocquaye Junior, did not take kindly to the police officers’ attitude and advised them to stay clear of his client.
Nana Darkwa was picked up by security officials in February, this year, after he was alleged to have stated on Top Radio, a private radio station in Accra, that former President J.J. Rawlings had deliberately set fire to his house on February 14, 2010 in order to be relocated by President J. E.A. Mills.
Baafi had pleaded not guilty to one count of publishing false news with intent to cause alarm under Section 208 of Act 60 of the Criminal Procedure Code.
The trial judge invoked Section 166 of Act 30, which gives the court powers to discharge an accused person for want of prosecution.
Earlier, the prosecutor informed the court that the docket on the case had been taken to the Attorney-General’s office for advice and that another state prosecutor had been assigned to the case.
The judge then asked the name of the new prosecutor but the prosecutor could not give the name or any letter to confirm a new officer had been appointed to prosecute the case.
Following that development, Mr Ocquaye pleaded that the longevity of the case was like an albatross on his client’s neck.
He said the country’s motto was freedom and justice but his client was experiencing neither of the two.
Based on counsel’s submissions, the judge discharged the accused person.
Two police officers attempted to re-arrest Nana Darkwa but counsel argued that there was no point to re-arrest him only for him to go to court for freedom.
Mr Ocquaye assured the police officers that his client would avail himself should he be invited by the police.
The stance of the police officers drew a large crowd, including judges, court clerks and members of the general public, but the two officers, following defence counsel’s explanation, accordingly escorted Nana Darkwa to Mr Ocquaye’s vehicle.
Mr Ocquaye said by the court’s decision, although belated, justice had eventually prevailed.
The facts of the case were that on February 18, 2010, the accused person went to the radio station as a panel member in a radio discussion programme and, during the discussions, the host raised the issue of the recent fire outbreak at the residence of former President Rawlings.
The prosecution stated that the accused person, who was not present during the fire outbreak and without any truth, stated, among other things, that the former President had intentionally caused the fire outbreak to compel the President to relocate him.
According to the prosecution, the statement incensed the public and a sizeable number of people rushed to the radio station, ostensibly to attack the host and the panel members.
The police rushed to the scene to restore law and order and subsequently whisked the panel members away into safety.
It further stated that Baafi admitted the offence during interrogation at the Regional Police Headquarters.