Only the Attorney-General has right to discontinue cases
Gilbert Boyefio
06/02/2009
A Circuit Court Judge, Dickson E K Daketsey, has emphasised that it is only the office of the Attorney-General which is mandated by law to discontinue cases in the law courts in the country.
The judge made these remarks after a complainant in a fraud case wrote to the court stating his decision to discontinue with the case.
Part of the complainant's letter, which the judge read, stated amongst others that the complainant wants to discontinue the case because he is a Christian and consequently pleaded with the court to temper justice with mercy.
However, the judge pointed out that the court is a criminal court and the case is between the state and the accused
He explained that the complainant by the criminal procedure is just a witness of the state hence the titling of the docket Republic versus Robert Mensah.
According to him, the complainant can be charged for compounding crime, which is preventing an accused person from prosecution.
The judge further explained that the complainant can only seek for an out of court settlement and not a discontinuation of the case.
The case has been adjourned to February 26.The accused, Robert Mensah, is charged with conspiracy to commit crime and two counts of defrauding by false pretences
He is charged with defrauding Nana Asiedu Donkor, a businessman of GH¢600 and GH¢2500 on separate occasions on the pretext of protecting him spiritually against people who were allegedly after his life.
06/02/2009
A Circuit Court Judge, Dickson E K Daketsey, has emphasised that it is only the office of the Attorney-General which is mandated by law to discontinue cases in the law courts in the country.
The judge made these remarks after a complainant in a fraud case wrote to the court stating his decision to discontinue with the case.
Part of the complainant's letter, which the judge read, stated amongst others that the complainant wants to discontinue the case because he is a Christian and consequently pleaded with the court to temper justice with mercy.
However, the judge pointed out that the court is a criminal court and the case is between the state and the accused
He explained that the complainant by the criminal procedure is just a witness of the state hence the titling of the docket Republic versus Robert Mensah.
According to him, the complainant can be charged for compounding crime, which is preventing an accused person from prosecution.
The judge further explained that the complainant can only seek for an out of court settlement and not a discontinuation of the case.
The case has been adjourned to February 26.The accused, Robert Mensah, is charged with conspiracy to commit crime and two counts of defrauding by false pretences
He is charged with defrauding Nana Asiedu Donkor, a businessman of GH¢600 and GH¢2500 on separate occasions on the pretext of protecting him spiritually against people who were allegedly after his life.
nana aseidu donkor is the best man in ghana
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