|
Tsatsu's bail application reopens
Accra, Dec. 18, Ghanadot/GNA - The Court of Appeal on
Thursday set aside the decision of an Accra Fast Track High
Court, which dismissed Tsatsu Tsikata's bail application
pending Appeal and ordered that it be restored.
The Court therefore ruled that Tsatsu Tsikata's bail
application, which the High Court dismissed on July 30,
should go back to the High Court to be heard on its merit.
The three-member panel chaired by Mrs Justice Mariama Owusu,
with Mr Justice P.K. Gyaesaayor and Mr Justice Kobena
Acquaye stated that Mrs Justice Henrietta Abban, the trial
judge, erred in law when she dismissed Tsatsu's application
for bail pending appeal.
The Appeals Court ruled that when Tsatsu refused to move his
application, because he said he did not have a copy of the
court's judgment, which convicted him on June 18, the trial
judge could have adjourned the matter "sine dine".
It further stated that after adjourning the matter
indefinitely, the trial judge could then have referred the
matter to the Chief Justice for direction.
The Appeals Court, however, stated that obtaining a copy of
the judgment was an administrative procedure, which Tsatsu
could have instructed his counsel to apply for through the
Court's Registry.
Tsatsu filed the application at the Appeals Court praying it
to reverse the determination made by the trial judge that
she was competent to hear Tsatsu's application in spite of
the pending allegations of bias levelled against her.
He stated that the trial judge erred in her constitutional
duty to be fair and candid with the exercise of
discretionary powers, by failing to make available a copy of
her judgment, and yet expected him to move his bail
application.
Tsatsu, former Chief Executive of the Ghana National
Petroleum Corporation, was convicted by the Fast Track High
Court and sentenced to a five-year term of imprisonment on
June 18, on charges of wilfully causing financial loss to
the State.
When Court delivered the judgment on Thursday, Tsatsu was
not in court but his counsel, Professor Emmanuel Victor
Oware Dankwa, relatives, friends and sympathizers, were
present.
Speaking to the press soon after the court's decision, Mr
Fui Tsikata, his brother, said they were waiting for the
directions of the Chief Justice to see who was going to hear
the matter.
Mr Fui Tsikata said if the same judge who convicted Tsatsu
was asked to sit on the matter, then the issue of bias would
have to be revisited.
GNA |
