Private legal practitioner, lawyer Abraham Amaliba has expressed shock at the Kumasi Circuit Court’s decision to fine the 13 Delta Force members GHC2,400 for breaking away from lawful custody.
The decision by the court shows that the action by the Delta Force was not a serious offence or crime, he suggested. This he posited will encourage other offenders to escape lawful custody, turn themselves in and plead for mercy.
In his view, there should have been a custodial sentence for the offenders to serve as a deterrent for others.
‘’The decision by the court shows that the offence was not a serious one. The court should have handed a more serious sentence to serve as a deterrent to others. In my view, a custodial sentence would have been the best.’’
However, lawyer Gary Nimako, counsel for the accused persons who were facing charges of conspiracy to assault for raiding the Ashanti Regional Coordinating Council and assaulting the Regional Security coordinator disagreed with his learned colleague.
According to him, the escapees who later turned themselves in to the police, had no intention to escape from lawful custody hence it was not proper for lawyer Amaliba to make such comments.
‘’There was no intention on the accused to escape. Lawyer Amaliba do not have the facts so he’s just running radio commentary,’’ he said when the two were granting an interview with Nyankonton Mu Nsem on Rainbow Radio 87.5Fm.
The 13 Delta Force members have been find by the Kumasi Circuit Court A Kumasi Circuit Court presided over by Justice Ekow Mensah has fined GHc2,400 or spend three years in prison.
They have also been made to sign a bond of good behavior. Counsel for the 13 members, lawyer Gary Nimako pleaded guilty to the offense of escaping or permitting themselves to be rescued from lawful custody.
He further pleaded that, the 13 are first time offenders, and that they voluntarily reported themselves to the police later that day.
Source: GhanaWeb
