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General News Thu, 14 Feb 2008

RE: Govt Spokesperson On Information's Application Dismissed

*February 11, 2008.*

Dear Sir/Madam,

*RE: GOVERNMENT SPOKESPERSON ON INFORMATION'S APPLICATION DISMISSED*

We act as Solicitors for Polymath Enterprises Limited, Seth Afeku and Catherine Afeku who are 1st, 2nd and 3rd defendants respectively in the matter of *PATRICIA GICK AND ANOTHER VRS. POLYMATH ENTERPRISES, SETH AFEKU & CATHERINE AFEKU (Suit Number RPC/245/06)* which was determined by Her Lordship Barbara Ackah-Yensu J. (Mrs) on the 30th day of November, 2007 sitting as a justice of the Commercial Court.

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It has come to our notice that by a publication in the February 11, 2008 issue of the Daily Guide under the by-line of a certain Fidelia Achama under the headline *GOVERNMENT SPOKESPERSON ON INFORMATION'S APPLICATION DISMISSED *which has also been posted on the Internet; a package of untruth was handed down to your readers in a bid to tarnish the reputation of our clients.

As solicitors of the Afekus and Polymath Enterprises we hold their firm instructions to inform you per this rejoinder, which we hereby do that the said report which has already been sold by way of news to your cherished readers is not only false and misleading but also contemptuous of the administration of justice in this country.

We were engaged by the Afekus sometime in December 2007 after judgment had been given against them in the case under reference. Our first reaction was to file a Notice of Appeal on their behalf on the 31st day of December, 2007 at the Court of Appeal after studying the judgment.

Having filed the Notice of Appeal, we proceeded with an 'Application For Stay of Execution Pending Appeal,' which application was moved before Her Lordship Mrs. Barabra Ackah-Yensu on Monday, the 28th day of January, 2008.

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Even though Mr. Hubert Sevor, Counsel for Patricia Gick, Plaintiff in the matter vehemently opposed the application, the undersigned who moved the application stood his ground and raised critical issues as contained in the affidavit in support of the application.

Having heard both Counsel, Mrs. Barbara Ackah-Yensu in her ruling (a copy of which is attached) GRANTED the application on certain conditions.

We therefore find it strange, dubious and disingenuous for your Fedelia Achama to file a report which has been published to the effect that the said application has been dismissed; perhaps because she has a different appreciation of the word 'dismissed.'

We have since we took over this brief advised our clients that they should steer clear of the media at this critical stage of the hearing of their appeal; as there is the possibility of poisoning the streams of justice with unguarded commentary by parties to the suit.

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Contrary to our advise to our clients, we have been compelled to send this rejoinder because we believe that certain elements are out to cause mischief such that they can be so reckless as to turn a ruling of the High Court of the land on its head so as to spin yarns of untruth for political point scoring

We believe that truth is an essential ingredient of journalism and Daily Guide as a newspaper of repute practices and lives by truth and will oblige our clients with a publication of this rejoinder unedited in furtherance of the constitutional injunction placed on all media houses to publish rejoinders.

May we also take the opportunity to remind your Fidelia Achiama that balance in reporting a story is one of the basic canons of journalism which cannot be departed from by any journalist worth of his or her name; unless there are very legitimate reason from departing from this warrant.

It is clear from the story under reference that, your Fidelia Achama in her haste to deceive your readers even failed to speak to the Afekus or their lawyers though she spoke to Counsel for Patricia Gick and quoted him extensively.

Our clients wish us to inform you the next time such a false and misleading report is filed by your reporter in connection with the matter; they may exercise their right to bring an application for contempt against the brains behind.

Yours sincerely,

KULENDI@LAW

Solicitors For The Afekus.

Source: Solicitors For The Afekus.