Accra, July 6, GNA - Democrat Publications and Mr Kwabena Boadu, Editor of the 93Ghanaian Democrat=94 on Thursday apologized to an Accra Fast Track Court following a contempt suit filed against them. In an affidavit in support of a response to the contempt suit, Mr Boadu and Democrat Publication admitted that they had wronged the Court with a publication in the 93Ghanaian Democrat=94 dated Thursday May 18 and Tuesday May 23, 2006.
"That having sought advice, and received explanation of the legal import of my publication in the Democrat of May 18 and 23 and having accepted that I had wronged the Court by such publication, I have decided to formally apologize to the court for the said publication." According to Mr Boadu and Democrat Publications the publication and cartoon were not to embarrass the Court or bring the administration of justice into disrepute.
Mr Boadu indicated that it would publish the apology at the front page of its next publication.
They further urged the Court to deal leniently with them. Mr Ato Sam, aka Baby Ansabah, a journalist of 93Daily Guide=94 newspaper in June this year filed an application at the Fast Track High Court seeking an order to cite Democrat Publications and Kwabena Boadu, Editor of the 93Ghanaian Democrat=94 for contempt. The application was calling for "a heavy fine" on Democrat Publications and the commission of Mr Boadu to prison for contempt in paper's publications of Thursday May 18, 2006 and Tuesday May 23, 2006.
Mr Sam was seeking further orders on Mr Boadu and Democrat Publication to withdraw the publications, render a full and an unqualified apology on the front page of the 93Ghanaian Democrat=94 newspaper.
In addition, Mr Sam was seeking further orders as the Court might deem fit.
In an affidavit in support of notice on motion, Mr Sam said he entered an appearance in a libel suit filed by Nana Konadu Agyeman Rawlings, Former First Lady against him; Mrs Gina Blay, Editor of the Daily Guide, and Western Publication and court proceedings commenced in February 2006.
Mr Sam said he called his first witness, the Auditor-General, to testify on March 29 2006. In the course of the testimony of the Auditor-General, proceedings were adjourned to May 9 2006 for further cross-examination but owing to a conference of the Judiciary the court did not sit.
At the next sitting on May 15, the Auditor-General, who was still under cross-examination wrote to the Court informing it that he could not attend Court hence prayed for adjournment to June. In that circumstance, the Court adjourned the proceeding to Wednesday May 17 2006 for another subpoena on the Attorney-General (A-G) to testify and ordered the Registrar of the Court to prepare it and serve an order to that effect.
On the next adjourned date the presiding Judge indicated that there had been a problem with the drafting of her orders hence the case was adjourned to June 12 2006.
In the May 18 edition of the 93Ghanaian Democrat=94, it went ahead to publish a story with headline: "Daily Guide Gang Flee, Baby Ansabah, Gina Blay, Auditor-General and Counsel, Mr Godfred Yeboah Dame, take to their heels."
The said story was accompanied by a cartoon with a headline "Wages of Irresponsible Journalism" depicting that Ansabah; Mrs. Blay; Auditor-General and Counsel running towards President John Agyekum Kufuor with open arms saying, "Baby, Gina, Odaame, Agyeman-Duah, hurry, hurry here. Just get here quick. I will manipulate the judiciary, come, come."
Mr Sam noted the said publication and the cartoon did not only prejudge the suit but seemed to scandalize, interfere and obstruct the due administration of justice.
He said the publication also accused the Government of manipulating the Judiciary and seemed to scandalize the Court.
Mr Sam said the conduct of Mr Boadu and Democrat Publication made them liable for criminal contempt. "A heavy fine ought to be imposed on the Democrat Publication and Mr Boadu be held in prison until he purges himself of the contempt."
The Court has fixed July 11 2006 to commence hearing.
