Jailing Delta Force 13 would’ve been harsh – Lawyer

Lawyer for the 13 Delta force members who were standing trial for rioting at the premises of the Ashanti Regional Coordinating Council, has justified the non-custodial sentence for his clients, saying jailing them would have been unfair.

According to Frederick Kankam Boadu, it would have been unfair for the court to have jailed his clients.

The Asokwa District Court in the Ashanti Region on Thursday, October 19, 2017,  fined all the 13 a GHc 1,800 each, and made them sign a bond of good behavior for 12 months.

Some have suggested that the sentence was weak, and not severe enough to deter others who engage in political vigilantism. But their lawyer insists the judgment is fair, and that a custodial sentence would have been unfair.

“We were charged with rioting, we did not waste the court’s time, they pleaded guilty and placed themselves at the mercy of the court, they showed remorse, they are first time offenders, and there were no aggravated circumstances available to the court. I don’t see why the court should impose a custodial sentence in this case, and put the taxpayer in expense by putting them in prison when they are strong men and can work to fend for themselves and perhaps give them the chance to reform,” he said in an interview on Eyewitness News on Thursday.

“In my view, the circumstances are such that, it would not have been fair if we were handed a custodial sentence,” he said.

But a member of the legal team of the National Democratic Congress (NDC), Abraham Amaliba, has said that the sentence will breed political lawlessness in the country.

Reacting to the development on Eyewitness News, he said the suspects had been “treated with kids’ gloves”.

“They have been treated with kids’ gloves. The sentence in my view is going to breed more political lawlessness. It is this same case that occasioned the attack of a court and a judge in Kumasi, I thought that this was a fine opportunity for the court to send a signal strong signal to tell vigilante groups that they have no place in our democracy.”

Background

The 13 were arrested after they stormed the office of the newly appointed Ashanti Regional Security Coordinator, George Adjei, in March 201y7, and assaulted him in the process, in protest against his appointment.

They were initially facing charges of conspiracy to assault a public officer, and causing unlawful damage.

Those charges were reviewed to only rioting by the Kumasi Circuit Court on October 10.

Counseling for the 13

The Ashanti Regional Director of the Delta Force, Mohammed Seidu, who spoke to Citi News, expressed excitement at the ruling, though he admitted that the conduct of the 13 was not in order.

He however said the leadership of the Delta Force could not have left them to their fate when they were sent to court.

Mohammed Seidu added that, the group was going to begin counseling members of the group to be of good behavior.

He maintained that the group was not as violent as being put out in the public domain, as they would continue to provide security for the NPP.

This seemingly brings an end to a saga that began on March 24, 2017, when concerns over post-election violence were rife after the NPP assumed the mantle of governance.

This particular incident involving the Delta Force ironically came a few days after President Nana Akufo-Addo, who was on a tour of the Ashanti Region, assured that the rule of law will work without “fear or favour” when he called the Asantehene, Otumfuo Osei Tutu II.

Court escape

The public was left stunned when at their first appearance in court, the 13 escaped from lawful custody, after their eight compatriots sparked confusion in the court in protest of the Judge’s ruling that the 13 be remanded and not given bail.

After the judge’s decision to remand the suspects, the members said they were not going to allow the ruling to stand, and demanded that the 13 leave the court with them.

The 13 later reported themselves to the police, and were fined GHc2,400 each, and also made to sign a bond of good behavior for escaping lawful custody. Eight Delta Force members were accused of aiding the escape, and were charged for storming the court to release the 13.

But the charges were eventually dropped under controversial circumstances by the State for lack of evidence.

The Attorney-General’s Department at the time said it had not sanctioned the state prosecutor in Kumasi to drop the case involving the eight who raided the court.

This angered many Ghanaians who felt the eight persons had been let off the hook after a brazen attack on the Judiciary for political reasons.

–

By: Jonas Nyabor/citifmonline.com/Ghana

Lawyer for the 13 Delta force members who were standing trial for rioting at the premises of the Ashanti Regional Coordinating Council, has justified the non-custodial sentence for his clients, saying jailing them would have been unfair. According to Frederick Kankam Boadu, it would have been unfair for the court to have jailed his clients. The ... Read Full Story