EOCO vs. BLESS ARTHUR

The law that is Section 35 (5) of the Act 804 provides for reasonable expenses to be made. This can also be termed partial release. In this case, learned counsel for Respondent did not virtually oppose the application. He is only concerned about the figure. He is of the view that, it is rather on the higher side. The applicant says his mother is sick and his business is collapsing. I do not think one should kill businesses which are the engine of growth. The Constitution makes provision for judicial discretion which should be exercised judiciously. It is also not the legal position that in criminal charges, Accused bears the onerous burden that he should prove that he is not guilty. The burden is on the prosecution and does not shift. From the foregoing, I would exercise my discretion to grant a partial defreezing of the account of the applicant herein. Instead of GH¢15,000.00, I will grant a release of GH¢12,000.00 subject to the filing of an undertaking by the .....