The Tema High Court has deferred the judgement on the bail application filed by the coup monger, Oliver Mawuse Barker-Vormawor to another date to deliver ruling.
The court has slated
Wednesday March 16, 2022 to deliver the ruling. This is to give ample time to the court presided over by Justice Daniel Mensah to consider the arguments made by both parties involved in the case for final determination.
Lead counsel of Barker-Vormawor, Anthony Akoto Ampaw who moved the application told
the court that allegations against Baker-Vormawor are not supported by any evidence since the 1992 Constitution guarantees his client liberty and a right to be presumed innocent until proven guilty.
According to him, the fact of the matter do not support the charge of treason felony preferred against the applicant because the publication made by the applicant does not constitute any crime not to talk of a ‘grave charge of treason felony.’
He was of the view that the publication made by Barker-Vormawor on Facebook was a conditional statement that ‘If the e-levy is passed’ and it is yet to passed by Parliament hence the police have jumped the gun to arrest the applicant.
Lawyer Akoto Ampaw stated that Barker-Vormawor cannot be charged with the offence since the offence itself has not been committed.
Asked by the court whether they should wait until he commits the offence, Akoto Ampaw responded saying that “the publication is ‘a beer bar talk. It is a just youthful exuberant which cannot be taken serious because the applicant has no capacity to disturb the executive power of the republic.”
He believes that the treason felony charge levelled against the applicant was just a ploy by the state imposing a huge charge on the applicant in order to make granting of bail very difficult.
According to him, the applicant has not embark on any activity to warrant the charge imposed on him since no activity has taken place.
He said the statement by Barker-Vormawor does not involved any evidence of him preparing to topple constitutionally elected government, same as the statement does also not prove that the applicant is carrying out such as act.
He indicated that the applicant has a fixed place of abode at Paraku Estate in Accra which police through a court order has conducted search there and other places where the applicant often visit.
On the aspect where Barker-Vormawor is flight risk, Lawyer Ampaw said it cannot be so since police have the applicant’s passport in their custody from the time of his arrest.
He said all the talks by Barker-Vormawor were empty talks and do not add up to the offence he has been charged with.
According to the lawyer, the applicant return to Ghana purposely to attend a public lecture but not to engage in any criminal enterprise threatening the security of the state.
The counsel was of the view that the applicant meets all the requirements to be granted bail because there is no evidence that when the applicant is granted bail he will not appear to stand trial because the applicant besides all the comments he has made still returned to Ghana.
He said the applicant has people of public clout to stand surety if the court deems it fit to grant him bail.
On his part, Dr. Justice Srem-Sai second counsel of Barker-Vormawor wants the court to expunge a paragraph in the state affidavit of disposition stating that applicant made police to contact a woman in the UK as his wife when he was arrested but another woman emerged as his wife in Ghana.
He explained that that aspect of the affidavit is causing problem outside the court since the applicant has only one wife who is in Ghana.
Responding to the applicant’s argument, Hilda Craig, a senior State Attorney told the court the applicant will interfere with investigations if granted bail.
She was of the view that the applicant has not been able to show police his fixed place of abode since the time of his arrest, saying that applicant has led police to three different places without demonstrating he has a permanent place but where he comes to perch whenever he is in the country.
According to her, the applicant has not been cooperating with police even in custody as it might be worse when released on bail.
On the aspect of the applicant not flight risk, the senior state attorney was of the view that the applicant is capable of using unapproved route to leave the country when released thereby he should not be granted bail now until investigations are completed.
After listening to arguments from the counsel and state attorney, the trial judge, Justice Daniel Mensah adjourned the case to Wednesday March 16, 2022 to deliver ruling.
By Vincent Kubi