Counsel for the eight Delta Force who were freed by the Kumasi Circuit Court over lack of evidence lawyer Gary Nimako, has debunked assertions that the action was an endorsement of lawlessness and impunity.
A Kumasi Circuit Court struck out the case against the eight persons who aided the escape of the 13 Delta Force members arrested for assaulting the security coordinator of the Ashanti Region.
Presiding judge, Patricia Amponsah freed the accused persons, following the Attorney General’s claim that it has no evidence to prosecute.
The eight were charged with causing disturbances in court, resisting arrest, and rescuing persons in lawful custody.
Some members of the National Democratic Congress (NDC) believes the action was an act of injustice and politically motivated.
However, lawyer Gary Nimako has indicated that, it will be improper for anyone to make such claims.
In an interview with Nyankonton Mu Nsem on Rainbow Radio 87.5Fm, lawyer Nimako said, the laws of Ghana and that of England allows prosecutors to provide evidence in support of their allegation against suspects but in this case, there was no evidence.
He insisted that, the eight maintained their innocence from the day of their arrest and it was a burden on the prosecutors to provide evidence but there was no such evidence.
When asked if the ruling was not politically motivated he stressed that, ‘’It was not politically motivated. I am speaking on the premise of law and the burden of proof in criminal cases at all material times, is on the prosecution. The prosecution could be on the police or state prosecutor and that burden is not on the accused person, and if you do not have the evidence, you do not have to waste state resources in prosecuting the case. That will be causing financial loss to the state. Before you commence prosecution, you must establish by the evidence-prima facie that on the face of evidence, you will get a conviction or can go beyond the first face of the case but in this case, there was no such evidence to support the allegation. You cannot waste the court’s time without evidence. Those claiming that the ruling was politically motivated are being trivial.’’
‘’We don’t trial a case in court with speculation. We trial a case with hard evidence and so if you lack evidence, you don’t waste the court’s time. That is the law,’’ he stated.