THE REPUBLIC vs. DANIEL OFORI & 3 ORS

The accused/applicants, A3 and A4 are seeking bail pending trial having been charged together with three others for offences of conspiracy and murder. The main crux of this application is that A3 and A4 have remained in police custody for 1 year 6 months and 10th months respectively however committal proceedings is yet to be conducted. Also that there is no indication whatsoever as to when this will commence and their continuous detention is therefore unreasonable. They have also submitted that their continuous detention in custody is affecting consultation with their lawyers. Indeed as counsel has stated a court of competent jurisdiction has the discretion to grant or refuse bail guided by Section 96 (1) – (6) of act 30. The factors which should be taken into consideration are the nature of the accusation, the nature of the evidence or facts supporting the accusation and whether the punishment for the sentence is heavy. Act 14(3) and (4) mandates bail for all offences but one requi.....