REPUBLIC vs. MENSAH [1999-2000] 1 GLR 47
24 May 1999 · GBADEGBE JA · ≈ 2 min read
[1999] SLR (CA) 16Other citation styles and permanent link
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NATURE OF PROCEEDINGS
APPEAL by the Republic from the decision of the High Court, Accra granting, the respondent’s application for bail pending appeal after the High Court, Accra presided over by another judge had refused his application. The facts are sufficiently stated in the judgment of the court delivered by Gbadegbe JA.
[p.48] of [1999-2000] 1 GLR 47
COUNSEL
Mrs Barbara Acquah, State Attorney, for the Republic-appellant.
K Aboagye for the respondent.
JUDGMENT OF GBADEGBE JA
Gbadegbe JA delivered the judgment of the court at the invitation of Ofori-Boateng JSC. The question which arises in this interlocutory appeal is whether the admission of the respondent to bail pending appeal by a High Court judge after the same had earlier on been refused by a judge of co-ordinate jurisdiction, is right in the circumstances of the case? Much as we take the view that the said question is of some importance to the administration of the criminal justice system, we think that having regard to the fact that the respondent has been on bail for more than four and half years pending the determination of his appeal, this brings his situation within the criteria described as exceptional or unusual circumstance which on the state of the authorities entitles him to the grant of bail pending appeal. It being so, we do not desire to inquire into the appeal herein on the merits.
In our view to do so would amount to doing that which serves the purpose of undermining confidence in the administration of justice. It is also worthy to note that having regard to what we conceive to be the settled judicial practice of appellate courts where a person such as the respondent has been on bail pending appeal for a long period such as has unfolded in the instant case, there is a reluctance in sending the appellant back into custody.
Accordingly we would rather direct that the registry of the trial Circuit Court, Accra expedites the preparation of the record of proceedings which we understand is not yet ready and have the same forwarded to the registry of this court within a month from today. It is further directed that if at the expiry of the said period the record is not ready, then the registrar should forward a written explanation to the registry of this court on this unfortunate state of affairs.
In the circumstances the invitation urged on us by the appellant in the appeal herein is refused.
DECISION
Appeal dismissed.
EAA
