Delta 8 case lacks consistency

A member of the trio, Montie 3 jailed for defaming the Supreme Court has bemoaned the “lack of consistency” in dealing with the Delta Force eight attackers case.

Godwin Ako-Gunn says people who demonized the Montie 3 after their sentence was reprieved are the very ones praising the prosecutor and police for letting go the Delta Force eight.

Speaking on Joy FM’s Ghana Connect Friday, he quizzed why the police took so many officers to the court during the Montie trio’s second court appearance, unlike in the case of the Delta Force in which only two officers were sent.

Montie trio
A radio host with the Accra-based Montie FM Salifu Maase and two panelists, Alistair Nelson and Godwin Ako-Gunn were found guilty for scandalizing the court and sentenced to four months in prison.

Barely a month after being in jail, the three heaved a sigh of freedom following the remission of their sentence.

The three had threatened the Chief Justice Georgina Theodora Wood and other judges who sat on a case brought against the Electoral Commission.

By presiding over the case, the three said the judges wanted to foment trouble in the country and that if the 2016 elections turned violent they knew the homes of judges.

Their comments were roundly condemned by all and were later hauled before the judges to answer why they should not be held liable for contempt.

The three, together with the Directors of the radio station and the owner pleaded guilty to the charges of contempt. The court sentenced the three men to four-month in prison each on July 27, 2016.

Then President John Mahama in consultation with the Council of State and in exercise of his constitutional powers under Article 72 of the Constitution remitted the sentences of the three.

Delta Force 8
A Kumasi Circuit Court on Wednesday discharged eight members of the Delta Force, who were standing trial for disrupting court proceedings involving 13 of their colleagues on April 6, 2017. The decision by the Court to free the suspects followed state attorneys’ decision to drop the charges for lack of evidence.

The decision has caused outrage with the Ghana Bar Association expressing surprise and demanding better particulars. The opposition National Democratic Congress (NDC) has described it as a deliberate ploy to undermine the rule of law.

The Attorney-General, Gloria Akuffo who said she did not order the discontinuation of the trial in Court, also ordered investigations into the circumstances under which the Senior State Attorney in Kumasi entered a nolle prosequi and got eight of the suspects discharged for lack of evidence

Evidence is the name of the game
Mr Ako Gunn has questioned the kind of evidence the prosecution wants to lay hands on before it goes ahead with the case.

“What evidence were they looking for in the case of the Montie 3? There was an audio, which was used in prosecution, but in the case of the Delta Force 8 there was video evidence, which is not being used,” he said.

According to him, it is clear the release of the eight Delta Force members was showing loyalty to members of the party who have found themselves at the wrong side of the law.

However, the Member of Parliament for Sekondi Andrew Mercer also a panelist on the programme refuted Mr Ako-Gun’s claim that video evidence was not accepted in the said case.

“You cannot under any stretch of imagination compare what transpired in Montie 3 and Delta Force. The attack on the court is worse than Montie but in the case of Montie 3, the people involved were known.

“In the case of Delta Force, the attackers have not been identified, but the Montie 3 admitted that they made those statement against the judiciary.” he said.

Story by Ghana | Myjoyonline.com

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