An Accra Circuit Court yesterday granted bail in the sum of ?2m each to George Graham and Patrice Opata in the case in which the two are alleged to have stolen diskettes belonging to the National Democratic Congress, NDC.
They have been charged with conspiracy to steal and stealing of diskettes. Granting the bail, the chairman of the circuit court, Judge Mohammed Ziblim, in his ruling, noted that the prosecution did not put value on the 20 NDC diskettes.
He therefore granted the accused two million cedis bail each without surety to be justified. Dr. P. E . Bondzi- Simpson, who represented Graham,34, an employee of Camelot, praying the court for bail, made an application to the court to register his protest against the infractions of the human right of his client by the Bureau of National Investigation (BNI). He submitted to the court that since November 3, this year when his client was picked up and dumped at the BNI for interrogation, the security officials had consistently denied his client access to a lawyer or his parents.
Dr. Bondzi-Simpson told the court that on the several occasions that he had been to the BNI Office he was not allowed to see Graham, stressing that on the day his client was clandestinely and surreptitiously spirited to court at a late hour on Friday to be remanded, he and the father of his client were shuffling between the BNI and the CID headquarters but the officials did not give them any indication that Graham would be brought to the court on that day. He further submitted that the BNI detained his client for more than 48 hours before he was sneaked into the court for a bail hearing, without affording his client the opportunity of being represented by counsel in total disregard of the constitutional right of his client.
He, therefore, pleaded with the court to take judicial notice of the unconstitutional behaviour of the BNI. Pleading for bail, he said the prosecution had not established any indication to prove that his client would interfere with the investigation if granted bail., adding that his client is a responsible man without blemish or criminal record and must therefore be given self recognizant bail.. Mr. Ayikoi Otoo, counsel for Patrick Opata, praying for bail, said that the charge preferred against his client is not the charge of murder, or treason for which bail should not be granted, saying that it is trite knowledge in law that an accused is presume innocent until proven guilty.
However, Inspector Samuel Boison opposed the bail application by the two lawyers. He submitted to the court that the application filed by Dr Bonzie - Sampson was served on him very late . He said that there was nothing wrong with what the prosecution had done, stressing that the prosecution did not breach the 48 constitutional requirement because the accused, he claimed, were arrested on Friday around 3pm and the 48 hours mandatory which expired on Sunday.
He told the court that the prosecution was still investigating the case so the accused must not be given bail because they wioul interfere in the investigating. Mohammed Ziblim granted the bail of a ?2million each to the accused persons without surety. He cautioned the police to refrain from detaining suspects above the constitutional limit.
