The suspects
The hopes of persons charged with abetment and treason felony to celebrate the Yuletide with their families were dashed yesterday when an Accra High Court denied their application for bail.
The accused persons had filed the application for bail pending trial at the High Court even though the case is before a Kaneshie District Court, where committal proceeding is taking place.
The court presided over by Justice Georgina Mensah-Datsa, a Court of Appeal judge siting as an additional High Court judge, in a short ruling, dismissed the application, saying the accused persons can re-apply if the prosecution makes no progress in the case by the end of January 2020.
Agordzo Application
Meanwhile, the application for bail pending trial filed by lawyer for ACP/Dr. Benjamin Agordzo, one of the suspects in the case, has been adjourned to January 10, 2020 for determination.
This was after Martin Kpebu, counsel for the top police officer, filed a supplementary affidavit in support of his motion for bail pending trial.
Failed Attempt
This is the second time lawyers for the accused persons have attempted to secure bail for them pending the trial.
Last month, an Accra High Court dismissed an application filed by seven of the accused persons as the court presided over by Justice George Buadi held that they had been detained for less than two months and that could not constitute unreasonable delays in the trial.
ACP Agordzo, a week later, also filed for an application for bail when his counsel Mr. Kpebu argued that his client had no intention to carry out any coup in the country.
That application was also dismissed by the same judge, saying it was premature and held that the accused person, being a senior police officer, could interfere with investigations.
The renewed bail applications are coming at a time the prosecution said they were in the process of forwarding the case docket to the Office of the Attorney General for advice.
Motion
Moving the motion for bail last Thursday, Victor Kwadzoga Adawudu, representing seven of the accused persons, told the court that it was strange that the prosecution, after indicating that a 15-month-surveillance led to the arrest of the accused person, were still saying they are still investigating the matter.
He said from the look of things, there was no time frame for the prosecution to conclude its investigations and, therefore, urged the court to consider the grant of bail pending trial.
He said the case had been unreasonably delayed and, therefore, pleaded with the court to grant the accused person bail pending trial.
He suggested that in the alternative, the military personnel among the accused persons, be released to their unit commanders or the Provost Marshall who would produce them to stand trial at all times.
Opposition
The application was opposed by Hilda Craig, a Senior State Attorney, who said the charges against the accused person had gone beyond ‘mere’ allegation to become ‘facts’ which she said when revealed “will shake the foundations of the nation.”
She said the accused persons were facing charges of abetment and treason felony which were “serious offences” and the investigation of such cases were not as simple as the defence counsel was suggesting.
She said most of the accused persons were military officers who would interfere with investigations and witnesses who were military personnel when granted bail.
She added that looking at the charges and the number of accused persons involved, the investigations would take a bit of time and pleaded with the court to deny the accused persons bail.
The case before the Kaneshie District Court resumes on January 8, 2019.
Gibril Abdul Razak