Court of Appeal judge who dismissed a contempt application brought by Justice Paul Uuter Dery against investigative journalist Anas Aremeyaw Anas and four others has beaten a U-turn.
Justice Gertrude Torkonoo has vacated her 28 September ruling dismissing Justice Dery's application nearly two months after the decision was taken.
In a surprise ruling this week, Justice Torkonoo said, "I vacate my order of 28th September 2015, dismissing the application for contempt on account of the Registrar's tampering with the dates. I set aside totally and restore the application to the docket."
Justice Torkonoo on September 28, this year dismissed an application by Justice Dery citing Anas, Sulemana Braimah of the Media Foundation for West Africa amongst others for contempt.
Justice Dery is one of nine High Court judges accused taking bribes to pervert justice. They were allegedly caught on video compiled by Anas' Tiger Eye PI.
When the application was dismissed, lawyer for Justice Dery, Mr. Nii Kpakpo Samoa Addo argued the judge ruled on the matter on their blind side.
He said the case was scheduled to be heard on October 12, 2015 and wondered why Justice Torkonoo sat on the case and dismissed it without notice to his client.
Mr. Dery went to the Supreme Court accusing the judge empanelled by the Chief Justice to hear cases relating to the judicial bribery scandal, of bias.
He said Justice Gertrude Torkonoo exhibited bias or a real likelihood of bias “when she dismissed [his] Motion on Notice for Committal for Contempt.”
The judge also wanted an order from the Supreme Court restraining Justice Torkonoo from hearing a substantive case pending before her.
But even before the Supreme Court hears this matter, Justice Torkonoo vacated her earlier ruling.
She said the Registrar of the court misled her and changing the hearing date on Justice Dery's application.
"As much as this clearly takes the wind out of the sails of plaintiff's counsel's wings, I do so because it is the right and proper thing to do. The suit is to take its normal course," she held.
The new date for hearing is December 21, 2015.
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