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But Denies
Case Padding
The sparks of rotten
attitude posing the Ghanaian police prosecutors - also known as JUPO – Judicial
Police Unit, as grinches that cause glitches in Ghana’s criminal justice
system, have once again been exposed.
In a latest case being
monitored by The Republic, a police prosecutor attached to the 28 February
(Rd) courts popularly referred to, as Cocoa Affairs Courts, after successfully
preventing a gorily-harmed complainant from participating in court proceedings attempting
redress and in which she was a Prosecution Witness (PW1), in favour of the
accused, got his hands burnt in that process.
There had been several such
unfortunate incidents today in Ghanaian courts, the paper’s covert team is
investigating – where in several cases it was found out that both complainants
and accused in criminal cases continue, on demand-for-favour, to douse the
police investigators, prosecutors and, in few, cases some court clerks with
gifts, ranging from money, through food stuff and livestock, to vehicle spare
parts.
Interestingly, some
unscrupulous lower court judges are also cited stooping so low participating in
these antisocial acts, which are almost always eventually end into travesty of
justice.
In this particular case,
however, the Prosecutor, Chief Inspector Jubiok, was able to dubiously prevent
on two consecutive court adjourned dates, and also generated good fun of giving
wrong dates to the bodily-harmed victim, whose case he was handling, from entering
the ‘Domestic Violence’ Courtroom ‘6’, with flimsy excuses that the presiding
judge hadn’t been sitting.
The Prosecutor’s antics,
however, hit a snag, when on Monday July 15th 2013, his third
attempt to block the courtroom entrance and ‘adjourn case’ on behalf of the Honourable
presiding judge, was resisted by now wised-up PW1, whose docket was right
before the seated judge.
The complainant relates
that when she arrived at the court premises that morning, she decided to
breastfeed her baby before entering in, in order not to disturb the court,
should the infant becomes hungry with court in process.
She said on two occasions
she had been ignorant enough to have heeded to the Police Prosecutor, in whom
she had grown enough trust, lie to her that: “The judge was sick; the judge was
attending a relative funeral and for that matter wouldn’t sit amongst other
pieces of mendacity, until a person she had before met in the courtroom one day
spilt the beans that judge and the court had been sitting every working day.
“That day, I finished
breastfeeding my baby at the entrance of the court and wanted to enter when
from nowhere the prosecutor attempted to push me off, repeating the ‘judge was
not sitting antic; I pushed him aside and forced my way inside the courtroom
only to see the judge sitting”: the domestic violence victim disclosed.
“On entering, I became
dumbfounded seeing the two accused persons sitting in the courtroom; and I was
so surprised a trusted police officer could behave the way he did”; she
continued.
The victim told The
Republic that, when the case was mentioned immediately she entered into
the courtroom with her auntie, the prosecutor, now-confused, with the
assistance of a court clerk they simply call ‘Sammy’ whispered a statement of
lie to the judge that ‘it was a small land case’ and thus, suggested its
resolution at the now-criminal shelter of Alternative Dispute Resolution (ADR).
There was where the drama
ensued: Annoyed by the strange behavior of these Ghanaian officers of the
justice, the Auntie removed copies of photographs taken by the victim on the
day of the assault, which was clearly far from “Land matter”, and flipped same high
toward the judge to see. This threw the packed courtroom into state of
clamouring.
She said the prosecutor
became worried at her strange behaviour, and voiced this out after the day’s
court session. “You have worried me”; she alleged the police Chief Inspector
had to say later, as he suggests, reiterating the ‘ADR thing’.
Like other prosecutors and
their complainants and accused, the innocent victim’s wasn’t different. She
greased the police-palm.
“I do not have money but
the prosecutor took various sums from me and my auntie, I had to ‘envelop’ on
more than one occasion to the prosecutor; in fact, not less than GHc200.00 had
gone into it”; she alleged.
However, when The
Republic bumped into Police Prosecutor Chief Inspector Jubiok on the
Cocoa Affairs court premises Friday, he denies everything the PW1 has told this
paper.
“Yes; I know the lady, but
I have never ever prevented her from entering the court on any stated
occasion”; the prosecutor said.
In fact, I have no such
mandate; me? Never! C/Insp Jubiok swore.
The auntie, (name withheld)
of the assault victim and complainant, however, confirmed her nieces’ story to
The Republic; affirming also that she was the one who raised the photographs to
alert the judge in the open court when the prosecutor and clerk Sammy lied to
the judge that it was a ‘small land matter’. “My niece has never bought any
land;” they lied; she intoned.
She told The Republic that
the substantive matter though has been attempted to address at the ADR it
couldn’t hold; and it is going back to the court on the 9th of September.
The Republic investigations
have so far revealed sordid trends of how prosecutors and other court officials
connive and condone, with party(s) to hide litigating party’s dockets for
personal gains.
The paper also heard from
insider-volunteers, how even the corrupt syndicate with beneficiary members in
the offices of the Attorney-General and Ministry of Justice do, in some cases
put out dockets, for fees, - resulting in non-prosecution of affected
criminals. They disclosed that, the dockets could be permanently hidden from
the reach of the courts through unscrupulous people within the
Attorney-General’s. They charge fees:
The court has been hearing
the case in which one Nikoi of Teshie reportedly attacked the victim (in her
own bedroom) a co-tenant of his (Nikoi’s) girlfriend, Hannah, with wood and
knife over all-female domestic misunderstanding.
The paper was told by legal
people that by preventing the main witness from court proceedings, Prosecutor
Jubiok was thus seeking that, doing so on few occasions can cause the presiding
judge to dismiss or strike off the case for a reason of lack of prosecution.
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