Rape, robbery case in court - AMINA ON REMAND • Attafuah, Appiah-Kubi outraged

Wednesday, November 3, 2010 (Lead Story)

LAWYERS for Amina Mohammed, the 21-year-old woman at the centre of the Ejisu robbery and rape story have filed an application for bail at the Human Rights Court.
Amina was refused bail and remanded by the Accra Circuit Court on Tuesday to reappear on November 9, 2010 but her lawyers, led by Mr Andy Appiah-Kubi, yesterday afternoon, filed an application for bail on behalf of their client at the Human Rights Court.
The defence team, which described the circuit court’s decision to remand Amina as a “miscarriage of justice” is expected to move the motion for bail on Friday, November 5, 2010.
Amina has pleaded not guilty to two counts of publishing false news with intent to cause fear and panic and deceit of public officer.
Defence lawyers are praying the Human Rights Court to quash the decision of the circuit court and admit their client to bail “on very reasonable terms.”
Amina was alleged to have gone on radio stations last week to claim that she was a passenger on board a Tamale-bound passenger bus in which female passengers were raped en masse by the men on board under the watch of gun-wielding robbers on October 11, 2010.
Among the victims, she is alleged to have claimed, was a father who was made to have sex with his 14-year-old virgin daughter.
However, according to the prosecution, police investigations later revealed there was a near robbery at Ejisu in the Ashanti Region but the driver of the bus managed to escape to report the matter to the police.
According to the police, her story caused extensive panic and fear among Ghanaians. They have also accused her of giving false statement to the police.
An affidavit in support of the application for bail sworn on behalf of the accused person by Mr Appiah-Kubi said Amina was taken into police custody in Accra on Saturday, October 29, 2010 around 2.00 pm. where the police took statements from her without cautioning her as to her right to silence and counsel.
It said Amina was detained beyond 48 hours contrary to Article 14 (3) of the Constitution which provides that a person shall be brought before court within 48 hours after arrest, restriction or detention.
The affidavit in support further pointed out that charges levelled against Amina were misdemeanours which were bailable. It said the circuit court in declining bail to the accused person did not give reasons for its decision.
It stated that the accused person had a fixed place of abode, had substantial sureties as well as would avail herself for trial when granted bail by the Human Rights Court.
It gave assurance that the accused person, who is a mother of three infant children would not interfere in investigations when granted bail.
According to the affidavit in support, her continuous detention would seriously affect her well-being and that of her children who depend solely on her for their sustenance.