The Director of Legal Affairs at the Centre for Legitimacy and Rule of Law (CLRL), Richard Nii Amarh, has indicated that securing bail pending an appeal following a conviction generally carries a low success rate.
He explained that clear grounds must exist to support an appeal, with the primary factor being that the trial judge made an error in interpreting or applying the law.
Mr Amarh was speaking in reaction to the bail application filed by Bernard Antwi Boasiako, popularly known as Chairman Wontumi, pending an appeal at the Court of Appeal against his 20-year prison sentence.
The private legal practitioner acknowledged that bail can indeed be considered during an appeal.
He noted that before a court considers granting bail, several key factors are examined, including the evidence used in adjudicating the matter, the possibility of a legal error, and the health status of the applicant, among other reasons.
Speaking in an interview on Nyankonton Mu Nsem on Rainbow Radio 87.5FM, he stated that should Chairman Wontumi fail to secure bail pending the outcome of his appeal at the High Court, he can seek further redress at the Court of Appeal to push for bail.
He added that other grounds that could enhance the likelihood of a successful appeal include the improper admission or exclusion of evidence, or a determination that the verdict is unreasonable and cannot be supported by the weight of the evidence presented—meaning no reasonable judge or jury could have found guilt beyond a reasonable doubt.
Ricahrd Nii Amarh emphasised that in appeal cases, the presumption of innocence no longer applies because the convicting court is deemed to have properly adjudicated the matter until a higher court vacates the sentence.
“When you are sentenced, there is no longer a presumption of innocence. This is because a court has heard the matter and passed sentence. However, there may be considerable factors that could influence bail pending an appeal, including ill health, old age, or an error apparent on the face of the record when the judgment is examined by a lawyer.”
He stressed that the fundamental point remains that if the bail application fails at the High Court, Chairman Wontumi still retains the option to approach the Court of Appeal.
“I may not have the exact data on the success rate for bail granted in cases pending an appeal. It is generally difficult for judges to grant these requests. However, that does not mean he will fail. His success in securing bail pending an appeal will depend on the arguments made by his lawyers, his current condition, and the facts presented, among other factors,” he concluded.
By: Rainbowradioonline.com/Ghana
