JUSTICE SAMPSON vs. THE REPUBLIC

Having listened to the application and submission of counsel as well as that in opposition I am not inclined to grant the application for bail. Section 96 of Act 30 gives the court the basis for which bail can or may be refused and the fact that the Supreme Court has made all offences bailable does not take away the courts discretion. Section 96 stipulates that when it appears to the court that due to the seriousness of the offence and the punishment it attracts it is most likely that Accused will not appear to stand trial, bail can be refused. I have looked at the affidavit in opposition especially at paragraphs 22 and 23 and since prosecution has concluded its advice and trial will soon commence. I am of the view that there has not been any undue delay considering the gravity of the offence for which accused person is standing trial. In the circumstance the application is dismissed. (SGD.) RUBY ARYEETEY (MS) (JUSTICE OF THE HIGH COURT)