Prosecutors handling the case in which Assistant Commissioner of Police (ACP) Dr Benjamin Agordzor is charged with abetment of treason felony, said they will appeal against the bail granted the police officer by an Accra high court, on Tuesday.
Mrs Hilda Craig, a senior state attorney, served the notice after Justice Charles Ekow Baiden, the presiding judge of Criminal Court “2” granted GH¢500,000 self recognisance bail to ACP Agordzor.
The Ghanaian Times gathered that the senior policeman was in court yesterday to execute the bail bond.
It is not known if the Attorney-General (A-G) has appealed against the bail at the time of filing this report as checks at the registry of the Court of Appeal had proved unsuccessful.
As part of the bail condition, ACP Agordzor was asked to report twice to the Inspector General of Police (IGP) for three months, and once a week to the Bureau of National Investigations (BNI).
The judge also ordered the accused to deposit his passport with the registrar of the high court.
Counsel for the applicant, Mr Martin Kpebu, filed an affidavit for bail in December 2019, and argued that his client was entitled to bail under the 1992 Constitution.
In opposing the application for bail, Mrs Hilda Craig, a senior state attorney stated that the accused was likely to get in the way of police and military personnel who would testify against him.
Ruling on the bail application, the court said that it was of the considered view that the prosecution led by the Attorney General has failed to give facts and evidence to support the claim that ACP Dr Agordzor would interfere with investigation if granted bail.
Mr Martin Kpebu, counsel for accused contended that ACP Dr Agordzor would appear to stand trial if granted bail.
ACP Agordzo, a former Director of Operations at the Ghana Police Service, together with Dr Frederick Yao Mac Palm, the Chief Executive Officer of Citadel Hospital, at Alajo, Accra, Donya Kafui, Bright Allan Debrah Ofosu and six others are facing charges of abetment of treason felony and treason.
Samuel Kojo Gameli, a senior military officer, Gershon Akpa, a civilian employee at the Ghana Armed Forces, Warrant Officer II (WOII) Esther Doku, Lance Corporal Ali Solomon, Lance Corporal Sylvester Akapewu and Corporal Seidu Abubakar, had been charged with conspiracy to commit crime and treason, while ACP Agordzor was charged with abetment of crime.
In November 2019, the substitution of the charge sheet by the prosecution stirred controversy as the defence team urged the court not to allow prosecution to file another charge sheet.
Mr Kpebu asked the court to allow his client to go home so that the case could start afresh.
Mrs Bans, the presiding magistrate, asked Mr Kpebu to state the law, which bars prosecution from substituting a charge.
But, Mr Kpebu could not state the exact provision, but referred to an instance in which a magistrate at the Osu District Court stopped National Security personnel from arresting an accused, who was discharged.
ASP Asare argued that “withdrawal of the charge sheet does not exclude substitution of a charge sheet”.
ASP Asare said the provision Mr Kpebu sought to rely on did not suggest anywhere expressly that prosecution could substitute a charge sheet.
BY MALIK SULLEMANA