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FEBRUARY 21

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WWW.DAILYHERITAGE.COM.GH<br />

DAILY HERITAGE THURSDAY, <strong>FEBRUARY</strong> <strong>21</strong>, 2019<br />

03<br />

Pocket money for prosecution saga<br />

Armed robbers freed<br />

BY MUNTALLA INUSAH<br />

muntalla.inusah@dailyheritage.com.gh<br />

ADISTURBING development<br />

emerging from the corridors<br />

of the Ghana Police Service<br />

is that the peace officers are<br />

losing confidence in their<br />

own work following the continuous release<br />

of suspected criminals by various<br />

courts because “we do not have enough<br />

pocket money” to prosecute cases.<br />

The police prosecutors and investigators<br />

are worried that after working hard<br />

at their peril to arrest and arraign suspects,<br />

they are discharged on the technicality<br />

of want of prosecution.<br />

“We struggle to arrest armed robbers<br />

to the extent that sometimes our colleagues<br />

are killed in line of duty and<br />

when such a person is discharged on that<br />

technicality it demoralises us (police personnel),”<br />

a police prosecutor stated on<br />

condition of anonymity.<br />

“This directive of Disclosure of Documents<br />

introduced by the Chief Justice,<br />

which took effect from November 1, 2018,<br />

seems to have made the law flexible to<br />

the offender and some of the accused<br />

persons, when they are discharged, point<br />

fingers at us and sometimes warn us, because<br />

the person has been freed. Our<br />

pockets are also dry and nobody is giving<br />

us money to prosecute the cases.”<br />

Public confidence in police<br />

diminishing<br />

The prosecutors also lamented that their<br />

effort is being ridiculed by the public, who<br />

are “losing confidence in our system, and<br />

public confidence in the police is diminishing”.<br />

“If the public realises that the police<br />

have made arrests and the people are discharged,<br />

it makes them lose the trust in us.<br />

Some of these criminals are clever people<br />

and when they are discharged they go back<br />

and repeat similar acts and put the police in<br />

a more difficult position.<br />

“Some armed robbers have been discharged<br />

because the prosecution didn’t<br />

have money to file certain processes. We<br />

have evidence of the cases we bring to the<br />

court. At times when we arrest them at the<br />

police station level, they admit. They mention<br />

names of persons they work together<br />

with but when the police take the pain at<br />

their peril and arraign them, they are eventually<br />

discharged.”<br />

‘We’re fed up’<br />

It would be recalled that on Thursday,<br />

February 14, 2019, the DAILY HER-<br />

ITAGE, carried a story on its front page<br />

with the banner headline ‘We’re Fed Up,<br />

Police Prosecutors Cry Out, Warned More<br />

Criminals Would Be Freed’, which highlighted<br />

the facts that prosecutors handling<br />

cases on behalf of the state use<br />

their own pocket money to prepare to<br />

prosecute.<br />

The prosecutors, who are tasked by the<br />

• David Asante Apeatu, IGP<br />

Attorney General’s Department to prosecute<br />

criminal offence on behalf of the<br />

State, said they were “frustrated” and “fed<br />

up” with the continuous use of their<br />

“pocket monies” to provide services to the<br />

State.<br />

It is their case that with the introduction<br />

of Discovery of Documents in November<br />

2018 as per Article 19(2) (e) (g) of the 1992<br />

Constitution, police prosecutors and State<br />

Attorneys are mandated to make available<br />

relevant documents they intend to rely on<br />

to prosecute accused persons.<br />

They said since the introduction of the<br />

procedure on November 1, 2018 they have<br />

made several copies of documents with<br />

their “own pocket monies” and averred<br />

that the instance where they did not have<br />

money, they asked for unnecessary adjournments,<br />

a development that forces the<br />

courts to discharge accused persons “for<br />

want of prosecution.”<br />

The CJ’s directive, the source said, is<br />

that every police prosecutor, the judge or<br />

the magistrate, “before you commence<br />

prosecuting a criminal case, the prosecutors<br />

have to give you all statements of the witnesses.”<br />

Police, AG discussing modalities<br />

The Director-General of Public Affairs<br />

of the Ghana Police Service, ACP David<br />

Eklu, told the DAILY HERITAGE yesterday<br />

in a telephone interview that the<br />

matter had been discussed at management<br />

level and the Legal and Prosecuting Directorate<br />

had been tasked to come up with<br />

modalities for consideration.<br />

“That issue was discussed at management<br />

and the legal and prosecuting directorate<br />

was tasked to come out with various<br />

modalities to make it easier for those prosecutors<br />

to provide those documents to the<br />

other parties as per the Supreme Court decision.<br />

Asked if the modalities would include<br />

refunding the pocket monies to the prosecutors,<br />

ACP Eklu said “the possibilities include<br />

all those, but I don’t want to sound<br />

so certain that is what we are going to do,<br />

so I’m saying that we are looking at other<br />

modalities and all those are part of it (sic).”<br />

High Court affirms Mintah Ackaah<br />

BY MUNTALLA INUSAH<br />

muntalla.inusah@dailyheritage.com.gh<br />

THE PROBIT Division of the<br />

Accra High Court has thrown out<br />

an interlocutory injunction filed<br />

by Adams Addy and one another<br />

seeking a stay of execution of a<br />

High Court judgment declaring<br />

Solomon Mintah Ackaah as the<br />

legitimate Head of the Akwanor<br />

Royal Family of Ashalaja.<br />

The court presided over by<br />

Justice Doris Bempong ruled<br />

that,” upon hearing the arguments<br />

of both counsel on the questions<br />

of stay of execution, the court<br />

• As substantive Head of Nii Akwanor<br />

Royal Family of Ashalaja<br />

• Akwanor Royal Family invites investors<br />

was not convinced that the applicants<br />

have demonstrated any exceptional<br />

circumstances<br />

warranting the grant and have not<br />

shown they would suffer hardship<br />

if the application was not<br />

granted.”<br />

The application for interlocutory<br />

injunction was struck out as<br />

withdrawn and costs of GHc1,<br />

000 awarded in favour of Mintah<br />

Ackaah.<br />

Solomon Mintah Ackaah is legitimate<br />

Head of Akwanor Family<br />

The court, prior to dismissing<br />

the stay of execution, had declared<br />

on December 5, 2018 that<br />

Ackaah is the substantive Head of<br />

the Akwanor Royal Family and<br />

not Adams Addy.<br />

The court also declared that<br />

any acts done by defendants in<br />

their alleged capacity as joint<br />

heads of family are null and void.<br />

Justice Mrs Bempong also ordered<br />

the defendants to relinquish<br />

any assets of the Akwanor Royal<br />

Family that had come to them by<br />

reason of their holding themselves<br />

out as joint family heads.<br />

The defendants, the court said,<br />

are “perpetually restrained from<br />

holding themselves out as heads<br />

of the Akwanor Royal Family.<br />

Costs of GH¢8, 000 was awarded<br />

against the defendants.<br />

Plaintiff ’s claims<br />

In April 2014, Solomon<br />

Mintah Ackaah imitated an action<br />

against the defendants, Adams<br />

Addy and one other, seeking a<br />

declaration that the plaintiff is the<br />

substantive head of the Akwanor<br />

Royal Family.<br />

He also asked the court to declare<br />

that the defendants are not<br />

the heads of the Akwanor Royal<br />

Family and further asked the<br />

court to declare that any act or<br />

acts done by the defendants in the<br />

purported capacity as joint heads<br />

or head of the Akwanor Royal<br />

Family is null and void.<br />

Counter-claims<br />

Defendants, in their counterclaims<br />

filed in February 2017, also<br />

sought a deceleration that the defendants<br />

have always been the<br />

• CONTINUE ON PAGE 5

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