The Accra High Court on Thursday adjourned the ruling on an application for bail for Assistant Commissioner of Police (ACP) Dr Benjamin Agorzo over an alleged abetment of treason felony to Tuesday, January 21.
Justice Charles Ekow Baiden will rule on the application for bail moved by Mr Martin Kpebu, lawyer of the accused/applicant who has been charged with ten others allegedly for treason.
This was after the Court had listened to the submissions of both the Attorney General (AG) and the accused on whether the Court should grant bail or not.
Mr Kpebu moving the application said he relied on the affidavit which was already before the Court, adding that the applicant was arrested on November 4, 2019, after he was invited by the Bureau of National Investigations (BNI) and later charged with abetment of treason felony.
He said the court can grant bail because prosecution had finished with its investigations and the docket had been sent to the AG for advice thus, the accused would come for trial whenever the State was ready.
His Counsel said the accused was not a flight risk because he was not only a senior officer in the Police Service but also a husband and father of grown-up children who are working in reputable institutions and can stand as sureties.
Ms Hilda Craig, Principal State Attorney opposed the application with the reasons that for a senior security officer to instigate people in the process of overthrowing the government which he termed, as “Arab Spring” was unacceptable and “we all know how serious Arab Spring was”.
She said some investigations and not all was completed, therefore he would interfere with further investigations for the mere fact that he is a senior police officer.
“The accused person will intimidate junior ranks within the Police, Military and Bureau of National Investigations (BNI) who will testify against him. “His rank, demeanour and action will put fear in the juniors,” she added.
Justice Baiden asked the State Attorney, how the accused would do that, and she said his past conduct where he refused to appear before the District Court in mufti because the matter was between an individual and the State though he was advised not to, shows that he would not comply with other orders of the Court when granted bail.
The accused also reluctantly handed over his security gadgets when ordered by the Court to do so, she told the Court.
The judge said the Court’s order to seize the gadgets was too opened and that it should have been specific on the purpose, among others.
In a rebuttal, Mr Kpebu said his client did not resist the seizure of his gadgets but wanted to go through due process, saying that denial of bail would be curtailing his liberty which constituted human rights violation under both local and international laws.
He said his client was law abiding and would not interfere, saying that the State had all the cohesive power to make him comply as well as bring any attempt of interference before the Court.
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