KT Hammond
An Accra High Court has dismissed a contempt of court application initiated by counsels for Member of Parliament for Assin North, James Gyakye Quayson, against Minister of Trade and Industry, KT Hammond.
The lawyers had filed the application in July this year urging the court to commit him for prejudicing the trial of the MP by claiming that he was guilty and would be jailed.
The application had alleged that the minister, who is also the MP for Adansi Asokwa, made the prejudicial comments in an interview he granted to the media.
“That by the words of the Respondent which have been widely publicised nationally and internationally, the Respondent is violating the right of the Accused/Applicant to be presumed innocent as well as the right of the accused to a fair trial.
“That the said words of the Respondent are also in contempt of this Honourable Court as they are extremely prejudicial to the lawful process of this Honourable Court,” portions of the application read.
It further averred that “such prejudice undermines the lawful judicial process and may even bring the said judicial process into disrepute as it will create in the minds of members of the public that no other conclusion other than that pronounced by the Respondent can occur. That the Respondent is brazenly usurping the function of Her Ladyship, the trial judge, in this court.”
Ruling
The court, presided over by Justice Mary Yanzuh, in a ruling yesterday, held that the application failed to disclose the content of the alleged prejudicial statement to aid the court in its decision.
The court held that the full compliment of what Mr. Hammond allegedly said is also not reproduced in the application.
The court said it was incumbent on the applicant to exhibit the full interview, holding that without the full compliment of the interview, the court is deprived of the opportunity to know exactly what was said.
It further ruled that the court cannot rely on “the manifestly incomplete publication to rule on a man who denies the content of the publication”.
“There is no room for conjecture. Evidence was required. The instant application is without merit,” Justice Yanzuh added.
BY Gibril Abdul Razak