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The eight members of the Delta Force, a private security within the New Patriotic Party (NPP), who were discharged by a Kumasi Circuit Court after they were arraigned for aiding the escape of 13 of their members from lawful custody, are not out of the woods yet, Matthew Appiah, lawyer for the accused, has said.
This, he said, was contrary to assertions being made by a section of the Ghanaian public that the accused persons have been acquitted of their charges.
According to him, they have only been discharged, an indication that should the prosecution gather fresh evidence, the case can be reopened.
On Wednesday 17 May, state attorney Marie Louise-Simmons advised prosecutors to drop charges against the accused for lack of evidence.
The eight were charged with causing disturbances in court, resisting arrest, and rescuing persons in lawful custody when they aided the escape of the 13 Delta Force members arrested for assaulting the security coordinator of the Ashanti Region, George Agyei.
Following the development, the AG’s Department received a lot of flak from a section of the Ghanaian public, especially the Minority in Parliament.
But speaking in an interview with Chief Jerry Forson, host of Ghana Yensom on Accra100.5FM on Friday May 19, Mr Appiah said: “These people have only been discharged, which means they can be brought before the court at any time if the prosecution finds new evidence.
“The judge’s ruling was not ‘acquitted and discharged’. If it were the case, then there was no way they could be prosecuted again on that same offence.
“In court we don’t do propaganda, it is a matter of law and so we need to get the legal framework on this matter very clear.”