REPUBLIC vs. ARTHUR [1981]DLHC2198

Date	1981-12-21
Suit No.
Citation No.	[1981]DLHC2198

OKUNOR J.

KWESI SPIO FOR THE APPLICANTS.

SAM BADDOO PRINCIPAL STATE ATTORNEY FOR THE RESPONDENT.

[1981]DLHC2198
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													<main id="main" class="content" style="min-height: 60rem" >REPUBLIC <o:p></o:p>vs. <o:p></o:p>ARTHUR <o:p></o:p>[HIGH COURT, CAPE COAST]<o:p></o:p>[1982-83] GLR 249<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
21 DECEMBER 1981<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

KWESI SPIO FOR THE APPLICANTS. <o:p></o:p>

SAM BADDOO, PRINCIPAL STATE ATTORNEY, FOR THE
RESPONDENT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

OKUNOR J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF OKUNOR J.<o:p></o:p>The first
applicant in this matter was granted bail by this court some time in June when
there was neither an indictment nor a summary of evidence served on him.<o:p></o:p><o:p>&nbsp;</o:p>Subsequent
to that date, the applicant has been served with an indictment and summary of
evidence and indeed he has been committed to stand trial for murder in this
court. The committal proceedings were conducted only on 19 November 1981.
Exactly one month after the committal proceedings, this application for bail
was filed alleging that there is no likelihood of the case being heard within a
reasonable time and consequently the applicant be granted bail.<o:p></o:p><o:p>&nbsp;</o:p>I do not
think there is any material before this court to give the court an indication
that the trial shall not be conducted within a reasonable time; and I would
therefore refuse the application.<o:p></o:p><o:p>&nbsp;</o:p>Like the
first applicant, the second and the third applicants were also committed to
stand trial only in November 1981. It was argued on their behalf that there are
older cases which are likely to be heard before theirs and they shall have
stayed an unreasonable time in custody before the trial. The learned Principal
State Attorney has indicated that the difficulties plaguing his office with
respect to the cases which have not been heard, namely unavailability of
witnesses, do not exist in this particular case, and there would be no
unreasonable delay in bringing the applicants to trial.<o:p></o:p>I think
the provisions of article 21 of the Constitution, 1979, have got to be employed
with a certain amount of circumspection. Certain crimes take a longer time to
investigate than others and what is an “unreasonable period” must be determined
within the particular context of each case before the court. I do not think a
case of “unreasonable delay” has been made out, and I therefore refuse the
application.<o:p></o:p>I must
add though that it is my hope that the prison authorities will afford the
second applicant all opportunity to consult her doctors in her condition.<o:p></o:p>The
application for bail may be renewed when the case comes on for hearing early in
the new year, i.e. 18 January 1982 to which date the case is set down for
hearing.<o:p></o:p>

<o:p>&nbsp;</o:p></main>