Democrat Publications and Editor pardoned

Accra, July 12, GNA - An Accra Fast Track High Court on Wednesday pardoned Democrat Publications and Mr. Kwabena Boadu, Editor of the Ghanaian Democrat in a contempt suit filed against them.

The court, presided over Mrs. Justice Irismay Brown, however, warned the Editor, who was present in court, to "go and sin no more." "The next time you are brought before me on the same offence, you will not see the light of the day," the judge added.

The judge indicated to the Editor that she believed in fair reporting, saying he must use the English language and his writing skills well.

The court did not award any cost.

Earlier, Mr Inusah Fuseini, who represented Democrat Publications and Mr Boadu repeated the apology in their application in response to the contempt suit.

According to Mr Fuseini, he had explained his client's actions to him adding, "various newspapers had already carried out the publications on the apology."

He said the publication was not intended to bring the court of law into disrepute.

Mr Kweku Asirifi represented Mr Ato Sam, aka Baby Ansabah, a journalist of the Daily Guide, who instituted the contempt suit. Mr Sam, 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 Ghanaian Democrat for contempt.

The application called for "a heavy fine" on Democrat Publications and the commission of Mr Boadu to prison for contempt for paper's publications of Thursday May 18, 2006 and Tuesday May 23, 2006 in a libel suit before the court between former First Lady, Nana Konadu Agyeman Rawlings, Mr Sam and Mrs Ginba Blay, Editor of the Daily Guide. Mr Sam sought 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 Ghanaian Democrat newspaper.

In addition, Mr Sam sought seeking 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 "Ghanaian Democrat", 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 said 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."

Democrat Publication and Mr Boadu in an affidavit in support of a response to the contempt suit admitted that they had wronged the Court with a publication in the Ghanaian Democrat.

"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.

They further urged the Court to deal leniently with them.