Accra (Greater Accra), 9 Feb. '99 -
Accra (Greater Accra), 9 Feb. '99 - Two editors who are being tried for publishing articles likely to injure the reputation of the government yesterday filed an application for stay of proceedings following an appeal they have made against a circuit court's decision to continue with the case. Kofi Coomson, editor-in-chief of the "Ghanaian Chronicle", and Eben Quarcoo, former editor of the "Free Press", who have pleaded not guilty, filed a motion while the case was going on to abort the trial and acquit and discharge them. The accused in their statement of claim said President Jerry John Rawlings allegedly made public statements on the subject matter of the trial and that those statements were prejudicial to the case. On January 27, this year, the court, presided over by Mr Victor Ofoe, dismissed the motion as "unmeritorious" and ordered that the trial of the accused must go on. Dissatisfied with the court's decision, Coomson and Quarcoo filed a notice of appeal and consequently filed the application for stay of proceedings until the final determination of the appeal. Mr Akoto Ampaw, attorney for the accused persons, giving reasons for the appeal, said the court " erred in law in holding that the application for aborting the trial be dismissed." He said it is the court's view that should the application be upheld, ''it would be setting a bad precedent which would allow the President or any highly-placed public official to abort a trial he wants to stop simply by intentionally making prejudicial comments on the trial to the press". Counsel stated further that the court "missed the point and erred in law by dismissing the application on the grounds that, as a judge, he had sworn an oath to uphold and deliver justice impartially without fear or favour and as such he could not be influenced by comments of the President". He stated that the court "erred in law when it held that upholding the application would defeat the separation of powers principle enshrined in the constitution since it is rather allowing the President to make prejudicial comments on the trial, threaten and attack the court, judge and potential witnesses with impunity which rather mutilates the separation of powers principle". The court adjourned to February 17 for Mr Martin Amidu, Deputy Attorney-General, to reply to Mr Ampaw's submissions. Notwithstanding the application, the court allowed the prosecution to call its fourth witness, Deputy Superintendent of Police (DSP) Kwasi Korankye Amoah to give evidence. DSP Amoah, presently District Commander at Hohoe, said until his transfer to Hohoe, he was with the Economic Crime Bureau of the Police when the case was referred to him for investigations in February, 1996. Witness said he took statements from Coomson and Quarcoo as well as some witnesses in the case. The prosecution tendered the statements of the accused.
