Prosecution asks for more time

November 16, 2010 (Page 3 Lead)

THE prosecution in the case involving Amina Mohammed, the woman at the centre of the highway rape and robbery story, yesterday indicated that it needed ample time to start its case, particularly when witnesses in the case were scattered all over the country.
A State Attorney, Mr Paul Assibi Abariga, told the court that the case would be started at an opportune time, with the explanation that the prosecution needed to put all pieces of evidence together before starting its case.
“Justice delayed is justice denied and justice hurried is justice buried,” Mr Abariga stated and accordingly prayed the court to grant his request for an adjournment.
However, the trial judge, Mrs Patience Mills-Tetteh, indicated her resolve to dispose of the case by December 20, 2010.
Consequently, she adjourned the case to November 22 and 23, 2010 for definite hearing.
“I do not want the case to go beyond December 20, 2010. I would not entertain the case after December 20, 2010,” Mr Mills-Tetteh stated and added that the case would be heard on a daily basis.
Mr Abariga, who was absent together with the investigator when the case was called around 8:40 a.m. at the circuit court in Accra last week, explained why he was absent.
He informed the court that on that day in question, he arrived in the courtroom at 8:50 a.m. but was informed the case had already been called and accordingly adjourned.
However, counsel for the accused person, Mr Andy Appiah-Kubi, raised concern about Mr Abariga’s submissions that he (Abariga) showed up in court after the matter had been adjourned on November 9, 2010.
According to Mr Appiah-Kubi, Mr Abariga sought to practise “ambush litigation” when he appeared before the court well after the case had been adjourned and a new date fixed for hearing.
Mr Abariga objected to Mr Appiah-Kubi’s line of argument and explained that he had, on that particular day, prayed the court to hear him but the court declined.
He also argued that the defence team would have prayed the court to stand the case down to enable the prosecution to appear if the accused person was in custody.
Mrs Mills-Tetteh also explained that Mr Abariga indeed appeared before her in open court on that day in question but she did not record him.
Amina was present in court and, as usual, covered her face to avoid the cameras when she left the courtroom.
The accused person has pleaded not guilty to two counts of publishing false news with intent to cause fear and panic and deceit of public officer.
The court on November 2, 2010 refused bail for Amina and remanded her till November 9, 2010, but her lawyers managed to secure bail for her at the Human Rights Court on Friday, November 5, 2010.
She was granted bail in the sum of GH¢5,000 with a surety by the court presided over by Mr Justice Paul U. Dery.
The brief facts of the case were that the accused person granted interviews to radio stations on October 26, 2010 and stated among other things that she was among passengers on a bus which was attacked by armed robbers when they reached Kintampo and that in the process the robbers ordered a mass rape of female occupants.
She was also quoted as saying a father was ordered to rape his 14-year-old daughter.
According to the prosecution, investigations revealed that such incident did not occur and said the driver of the said bus reported a case to the Ejisu Police and stated in his statement that his bus was nearly attacked by robbers at Kubease but he managed to escape with the destruction of his vehicle's windscreen due to gunshots.
The prosecution further stated that the driver of the bus drove off 30 minutes after reporting the incident, which occurred at about 10 p.m. on October 11, 2010.