Audio By Carbonatix
The Circuit Court in Accra has discharged the New Patriotic Party (NPP) radio commentator, Nana Darkwa-Barfi who alleged that former President Jerry Rawlings intentionally torched his own residence.
Mr Rawlings’ Ridge residence was razed completely on February 14, this year under circumstances the National Fire Service could not unravel after investigations.
In the aftermath of the fire, Nana Darkwa claimed during a radio discussion on the subject that the former president should be held responsible for the fire because he was responsible for fire outbreak.
The police picked him up from the station and charged him with causing fear and panic contrary to Sections 208 of the Criminal Code, 1960. He has since been attending court.
But the court discharged him Wednesday for want of prosecution, after the prosecution repeatedly failed to open the case.
Speaking to Joy News after the ruling, one of the lawyers for Nana Darkwa, Mike Ocquaye Jnr told Joy News’ Araba Koomson that when the case was called today, the prosecution said the case docket had been called for by the Attorney-General’s Department and that the docket was still at the department.
He said at that point “the judge asked me what I had to say about that. I said well we accept that but we feel it is most unfair to our client that he had been dragged up and down this very premises and the prosecution had not even attempted to open their case.”
The lawyer said he reminded the judge of a warning he (the judge) issued to the prosecution about two months ago that he may strike out the case for want of prosecution.
After a banter between the defence and the prosecution, the judge invoked Section 166 of Act 30, discharged Nana Darkwa, and told the prosecution that if they have a case in future against Nana Darkwa, they could find a way of going about it.
Mr Ocquaye Jnr said when he walked out of the court, he saw Nana Darkwa with tears in his eyes and there was a policeman outside the court who claimed he had instructions from above to re-arrest Nana Darkwa.
“At that point I got a bit livid, I said, we are tired of hearing ‘order from above’. You did this with Asabee and his wife, and you are coming here today to tell us 'order from above', whoever is above please let him to come down to the ground and let us ask him for what reason [he wants Nana Darkwa re-arrested].”
The lawyer said the policeman remained adamant that he had to arrest Nana Darkwa. “At this point I asked him, how can you arrest someone who you the police charged and took to the court and then the court have freed him, and then you come and re-arrest him and bring back to the court?
Mr Ocqaye said a scene was created and judges and lawyers came out of the court room and the police man was prevailed upon to “let the young man go and do whatever they want to do later.”
While advising his client to be circumspect in his public utterances, he said the state had mishandled the case.
Story by Malik Abass Daabu/Ghana
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