Court Invasion Emile Short blasts politicisation of release of Delta Force 8

National Democratic Congress MPs have called for their re-arrest saying there is enough evidence to prosecute the suspects, who were put before court for allegedly invading the court to free 13 of their members standing trial for assaulting the Ashanti Regional Security Coordinator.

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The former commissioner of the Human Rights and Administrative Justice (CHRAJ), Justice Emile Short, has slammed the politicisation of the release of the Delta Force 8, saying the legal rationale for the discontinuation of the case should be the focus of engagement.

National Democratic Congress MPs have called for their re-arrest saying there is enough evidence to prosecute the suspects, who were put before the court for allegedly invading the court to free 13 of their members standing trial for assaulting the Ashanti Regional Security Coordinator.

A Principal State Attorney in Kumasi asked the police to discontinue the case because of lack of evidence.

Speaking on Friday on Citi FM, Justice Short said the re-arrest of the suspects will be an exercise in futility if there is no evidence to prosecute the suspects.

“If these people were discharged because, in the opinion of the principal state attorney, there is no evidence to support the charges against them, then what is the point of re-arresting them? It will be an exercise in futility,” he said.

He continued: “There are some people who want to make a political issue out of this matter and we should look at the legal issues and deal with it, discuss it in an objective manner.

“The due process of law requires that if a docket is referred to the state attorney and the state attorney looks at the docket and the evidence and find out that there is no evidence whatsoever to support the charges brought against the accused, then the principal state attorney is entitled to instruct the police to discontinue the proceedings and in a case like this without reference to  even the attorney general because the attorney general has a certain memorandum of understanding that it is not in all cases that principal state attorney has to refer matters to the attorney general because the attorney general cannot supervise all cases in the region. “

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