Dominic Kwame Obeng-Andoh
An Accra High Court Presided over Justice Kofi Dorgu has ruled that it is too early to grant the director of a private medical centre in Accra – Obengfo Hospital, Dominic Kwame Obeng-Andoh, bail in a murder case for which he has been put before an Accra Magistrate Court.
According to the court, the application for bail is premature as the police are still investigating the matter and the autopsy report conducted on the deceased is yet to be released.
Justice Dorgu, in his ruling on the bail application, held that taking into consideration the competing rights of the accused person and that of the state as well as the presumption of innocence until proven guilty, he would decline the grant of bail for now.
He, however, held that lawyers for the accused person can re-apply for bail at a different time.
Bail Application
The director of a private medical centre in Accra – Obengfo Hospital, Dominic Kwame Obeng-Andoh, is before an Accra Magistrate Court for allegedly murdering Stacy Offei Darko, Deputy CEO of National Entrepreneurship Innovative Plan (NEIP) in May this year.
His lawyers attempted to secure bail for him at the Magistrate Court but the court declined jurisdiction and directed the lawyers to apply at a higher court.
Moving an application at a Criminal Division of an Accra High Court last week, his lawyer, Jonathan Dzansi, told the court presided by Justice Kofi Dorgu that Dr. Obeng-Andoh was unwell and needed medical attention.
He said his client was a qualified medical professional who had been practising for the past 20 years at hospitals including Korle Bu Teaching Hospital and one at Bator in the Volta Region.
Mr. Dzansi told the court that the facts of the case had been skewed so much that he does not support the charges.
He stated that the accused person and his cleaner, who is also standing trial for impersonation, were all law-abiding citizens who submitted themselves to the police when they were invited.
Opposition
The state represented by Ashong Okai vehemently opposed the bail application, saying the police are still investigating the matter and the doctor when granted bail will interfere with police investigations and witnesses.
He said the bail application was early in time and premature, adding that the defence team should allow the police to carry out their investigations.
Ruling
The court presided over by Justice Dorgu in his ruling held that both lawyers for the doctor and the state prosecutor admitted that the deceased went to the hospital voluntarily and died during surgery.
He said in such circumstances the proper charge would have been medical negligence which is not necessarily a crime but the circumstances surrounding the handling of the dead body appear to suggest a foul play.
He said because of those circumstances he sides with the prosecution that the accused person when granted bail may interfere with investigations.
He therefore denied to grant the doctor bail, saying the application was premature.
Accomplice Granted Bail
Meanwhile, Edward Amponsah, a cleaner at the hospital who is also before the Magistrate Court for impersonation has been granted bail by the High Court.
Mr. Amponsah is alleged to have impersonated himself as the elder brother of the late Stacy in order to be able to deposit her corpse at a mortuary.
He was, however, granted bail as the court ruled that there was no evidence to show that he played a role in the death of the late Stacy.
He was granted bail in the sum of GH¢20,000 with two sureties who must present their passport pictures to the court’s registrar. The sureties must also be living in the jurisdiction known to the court.
BY Gibril Abdul Razak Naki Juliana Odonkor