I don’t believe suspects should be subjected to public commentaries by AG – Malm-Hesse

Private Legal Practitioner, Christian Malm-Hesse, says the Attorney-General Dr Dominic Ayine should not be updating the public on cases that it is investigating in the manner that he has done so far.

At best, he said, the update should be provided when the investigations are concluded and charges preferred against the suspects, not when the investigations are ongoing.

“I don’t believe that suspects under investigation should be subjected to these public commentaries by the AG. Their reputations could be damaged before the Court pronounces judgment,” he said on the Key Points on TV3 Saturday, May 3.

He added, “The timing should be when the charges have been preferred, not when the investigations are ongoing. You are in evidence gathering, the process is not completed, and you hold a press conference before charges are brought against the person. That is where my legal problem is.”

For his part, Convener of the Fix The Country Movement, Oliver Barker-Vormawor, has urged the Attorney-General to keep updating the general public on the cases that he is building against officials of the past administration.

He argues that the public has a right to know how the government is acting to deal with corruption.

“The public has every right to be briefed on ongoing cases being prosecuted by the Attorney-General. The updates are necessary for the health of our democracy,” he also said on the Key Points on TV3 Saturday, May 3.

Oliver Barker-Vormawor further expressed concern that personal liberties are weaponised in Ghana.

He noted that some judges speculatively indicate that when a suspect is released, he or she would interfere with the investigation. This, in his view, is worrying due to the speculation by the judge.

“I don’t understand why we weaponise people’s personal liberties,” Barker-Vormawor, also a private legal practitioner, said.

Further expressing worry about this matter, he said, ” Some judges speculatively say the person will interfere with investigations and then go ahead to deny them bail.”

In the case of former Signals Bureau Director Kwabena Adu Boahene who has been remanded into the custody of the Economic and Organised Crime Office (EOCO) for seven working days, Barker-Vormawor said they do not know what went into the decision to remand him because the decision was taken in the judge’s chamber where only the Attorney-General and lawyers of the accused were present.

For his part, another Private legal practitioner, Martin Kpebu made a case for house arrest to be fused into Ghana’s constitution.

Martin Kpebu said this after indicating that he has a soft spot for the personal liberties of officials or persons charged with wrongdoing.

“We should incorporate house arrest in our constitution,” he said on the Key Points on TV3 Saturday, May 3.

He also recognised that they do not know what went into the decision to remand Adu Boahene because the decision was taken in camera between the judge and the lawyers involved.

“I have a soft spot for bail generally, that is the principal. I have a strong passion for personal liberties, but…the A-G says Adu Boahene is interfering, as to how he is specifically interfering, we don’t have that,” he said on the Key Points on TV3 Saturday, May 3.

Adu Boahene was remanded to enable the Attorney-General to complete the preparation of statements of the state’s witnesses.

His wife and the third accused person, Mildred Donkor are to remain on their existing bail terms.

Presiding judge, Justice Eugene Nyadu Nyante on Friday, May 2, held an in-camera meeting with the Attorney General and lawyers of Kwabena Adu Boahene and the three other accused persons.

Led by Deputy AG, Dr Justice Srem-Sai, the prosecution argued that the former Signals Bureau Director had the potential to interfere with investigations.

Former Director of the Signals Bureau, Kwabena Adu-Boahene, his wife, and two others have been formally charged with a total of ten offenses, including stealing, causing financial loss to the state, and money laundering.

Kwabena Adu-Boahene is accused of dishonestly appropriating approximately GH¢49,100,000.00 under the false pretense of procuring a cyber defense system for the Republic of Ghana. The alleged offenses occurred between February and March 2020.

Angela Adjei Boateng, Adu-Boahene’s wife, is charged with conspiracy to steal and collaboration to commit a crime, specifically, using public office for profit.

Mildred Donkor and Advantage Solutions Limited are also implicated in the alleged offenses, facing charges of money laundering and conspiracy to commit money laundering.

 

 

 

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