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State prosecutor Getrude Aikins has attributed the wrongful detention of some five persons suspected of murdering Rokko Frimpong, former Deputy Managing Director of the Ghana Commercial Bank to miscommunication between the military and the Bureau of National Investigations (BNI)
The five, including Sergeants Michael Arthur and Richard Somuah and Corporals Charles Ankumah and Emmanuel Antwi, have been in the custody of the BNI after being picked up from the military for allegedly murdering the GCB boss in 2008.
Getrude Aikins told the Human Rights Court presided over Ms Justice Irene Danquah on Tuesday that the prosecution thought the military had secured the court’s permission to remand the suspects beyond the approved 48 hours, saying her outfit on realizing the anomaly quickly secured a court order to remand them.
“If they had been arrested by the BNI then may be they would know that 48 hours they should go for extension. But they were arrested by the military police, so they (BNI) assumed that they (military) had done that. That is how this thing happened in the first place.
"In any case when it got to the attention of the lawyers that this was what was happening, we quickly took steps to right the wrong that had been caused,” she told Joy News’ Sammy Darko after court proceedings.
Lawyer for the accused persons, Joe Aboagye Debrah, who dragged the state before the Human Rights Court for unlawful detention of his clients said the explanation by the state prosecutor was unsustainable.
He argued that his clients should be released in accordance with the due process of law.
The judge, Justice Danquah on hearing the arguments from the two counsel adjourned the case to the 15th of December, 2009.
Meanwhile, the five soldiers for the first time in several weeks met their families at the court premises in an emotional spectacle.
The families had protested the continued detention without charge of their beloved ones and sought for their immediate release.
On December 1, however the state without notice to counsel of the accused arraigned the suspects before the circuit court to seek lawful detention, whilst investigations proceeded.
The families through their lawyer are praying the court will undo the decision by the circuit court and set their relatives free, at least until proper charges have been filed.
Story by Nathan Gadugah/Myjoyonline.com/Ghana
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