An Accra Circuit Court hearing the case involving four persons who allegedly robbed Madam Akua Donkor, founder of the Ghana Freedom Party (GFP), has denied a bail application made for the four accused persons.
The court, presided over by Mr Aboagye Tandoh, in its ruling on the bail application, said it had taken into consideration the plea for the accused persons as well as the opposed view of the prosecution, and has concluded that it was still premature at the stage of the case and trial to grant bail.
He said granting of bail is solely at the discretion of the court in all cases, and that what is important is to ask whether or not the exercise of the discretion is in a vacuum or not.
“In this case, the guidelines set up for the court in arriving at a decision include, the facts and charges of the case, and whether or not the accused persons would avail themselves for trial”.
He said: “I have examined the facts and charge of the case, authority cited by the law as well as the submissions by councils for the grant of bail, and concluded that granting of bail is still premature.”
Mr Tandoh, however, noted that, the court would proceed with the trial in order for the case not to be unduly delayed to the detriment of the accused persons, saying the ongoing trial would proceed and must go on expeditiously without delay.
The case has since been adjourned to May 8, 9, 10 and 12 for continuation of cross examination of the third prosecution witness, Sargent Yesulom Atsutse.
The accused persons are Yakubu Yusif, trader and Central Regional Chairman of the GFP; Banabas Kayase, her driver and secretary of the party; Opoku Agyemang, trader; and Abdul Razak Shaibu, a member of a GPRTU taskforce.
Two others, Joe and Nuamah aka Lion, are currently on the run. The accused persons are on remand.
The prosecution said on the day, Akua together with Yusif and Kayase were on board on her vehicle, a Mitsubishi Pajero from Taifa heading towards the Kotoka International Airport to catch a flight to the United States of America.
Chief Superintendent Duuti Tuaruka, prosecuting, said on December 30, 2016 at Taifa in Accra, the six persons conspired to rob Madam Akua Donkor.
The prosecutor said the accused persons at about 0230 hours at Sowutuom, a suburb of Accra, robbed Madam Donkor at gunpoint and snatched her travelling bag containing plane ticket, Ghanaian passport, voter ID card, $30,000 and GH¢3,000.00.
“Akua decided to pass home and on reaching Sowutuom immediately after the Agbeve Herbal Clinic area, Opoku called Kayase on phone and asked where they have reached while Razak, Joe and Lion were waiting to execute their agenda,” Chief Supt Tuaruka told the court.
He said the three, armed with guns on board an unregistered motorbike, appeared behind the vehicle, and “as soon as Kayase spotted the armed men, he reduced the speed of the car, showing double hazard indicators that the complainant was in the car.”
Kayase, according to the prosecutor, parked the vehicle and the armed men attacked the complainant with guns and took the monies and items and then dragged her from the vehicle and escaped with the booty.
The prosecution said on 31st December, last year, Razak was arrested when he was called by Yusif to come for his share of the booty.
When Razak was searched, US$4,900 was retrieved from him.
He said upon interrogation Razak admitted the offence and mentioned Joe and Nuamah as his accomplices.
He said that after the operation, they shared the monies and threw the bag into a nearby bush at Anyaa.
He led the police to retrieve the bag together.