Audio By Carbonatix
The High Court in Accra has quashed the 10-year prison sentence imposed on Charles Antwi, the man accused of planning to assassinate President John Mahama.
This was after the Attorney-General and human rights lawyer, Francis Xavier Sosu filed separate processes at the court arguing the Circuit Court's decision was so perverse it ought not be allowed to stand.
They contended that Charles Antwi was obviously incapable of standing trial because he lacked capacity- he was mentally unstable.
The court agreed and quashed Justice Francis Obiri's ruling which was roundly condemned by lawyers.
"He is free from the clutches of the law; he is free BNI [aharaassment]; he is free from prison and every proceeding that took place before he was sent to prison have all been quashed...so Charles indeed is free," Francis Sosu told Joy News' Latif Iddris after the ruling.
Charles Antwi will now be sent to the Accra Psychiatric Hospital for examination and mental care.
An Accra Circuit Court presided by Justice Francis Obiri, sentenced Charles Antwi to 10 years’ imprisonment after he confessed to wanting to kill the president.
Charles went to the Ringway Gospel Centre branch of the Assemblies of God church where the president and his family fellowship with a locally manufactured pistol.
The president and his family were not in church.
He was arrested upon suspicious behaviour, a statement from Communications Minister Omane Boamah said.
Within 48 hours after his arrest, Charles Antwi was handed a 10 year jail term for illegal possession of a firearm.
But this was condemned by many who thought the trial was unusually swift.
The Mother of Charles said the sentence was inappropriate because her son had a mental problem.
Constitutional law expert, Professor Stephen Kwaku Asare described the ruling as "despicable" and "unheard of."
A legal practitioner, Mathias Yakah also questioned the ruling saying “it is totally wrong in law to sentence someone who has pleaded not guilty…he must be made to go through full trial…,”
Another lawyer, Yaw Oppong, described the ruling as severe adding that it was a "travesty of justice".
A human rights lawyer, Francis Sosu, said the verdict was a complete "miscarriage of justice" and a "violation of the Mental Health Act."
He went to the high court and filed for an order of certiorari to reverse the sentence.
The court ruled today quashing the Circuit Court's decision. It ordered that Charles Antwi be treated for psychiatric illness.
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