REPUBLIC VRS. TAY AND OTHERS (CR/0140/2020) [2024] GHAHC 439 (22 August 2024)

IN THE SUPERIOR COURT OF JUDICATURE, IN THE HIGH COURT OF JUSTICE, CRIMINAL COURT 4, HELD IN ACCRA ON FRIDAY, THE 23RD DAY OF AUGUST, 2024, BEFORE HER LADYSHIP, COMFORT KWASIWOR TASIAME, JUSTICE OF THE HIGH COURT. CASE NO. CR/0140/2020 THE REPUBLIC - RESPONDENT VRS DAVID ASEYE TAY - APPLICANT _____________________________________________________________________ CONVICT/APPLICANT – ABSENT COUNSEL: ADDO ATUAH FOR THE APPLICANT – PRESENT NANA AMA ADINKRAH (SSA) FOR THE REPUBLIC – PRESENT COUNSEL FOR REPUBLIC: We have had some information brought to us quite late but I believe I would like to file a supplementary affidavit to that effect before the ruling of the court is read. COUNSEL FOR APPLICANT: We have closed arguments and the court is supposed to be giving its ruling and I think that is ab abuse of the court process so the court shout deliver its ruling if indeed it is ready. 1 BY COURT: Application for leave to file supplementary affidavit in opposition is refused because I find it quite strange. RULING Applicant filed this application for bail pending appeal. Applicant is serving 15 years imprisonment IHL for offences relating to dishonesty. That the applicant filed appeal against the conviction and sentence. That the convict has been unwell for some time now and visits Specialised Heart Clinics which the specialists recommend immediate and specialized surgical procedure to “place an implantable cardioverter-defibrillators, near the Heart by surgical means”. The respondent opposed the application and filed an affidavit in opposition to bail pending appeal. In the case of Fynn and Anor. Vs The Republic [1971] 2 GLR; The two appellants were convicted on various counts of stealing and sentenced to twelve months and two years’ imprisonment respectively. They appealed the following day and applied for bail pending the hearing and determination of the appeal. They argued that they were to be granted bail since the judgment was wrong in law and the sentences were so short that they might have finished serving them before the determination of the appeal. The issue for the court was whether on those facts they ought to be granted bail. The court held that although one had to proceed with caution when granting bail after a court of competent jurisdiction had convicted the person, there were circumstances justifying such a grant in the instant case. In view of the delays in the court registry, the applicants were unlikely to get the record of proceedings before the expiration of twelve months, by which time they might have served either the whole or a substantial part of the sentences. The court set down the circumstances in which bail after conviction could be appropriately granted. As follows: “1. If there are exceptional or unusual grounds for the application. 2. If there is a likelihood of the appeal succeeding 2 3. If it is a case of such a nature where it would be of assistance for the preparing of a real case for appeal that the appellant should be free to confer with his counsel and prepare his appeal. 4. If having regard to the sentence there is going to be a considerable delay either in preparing the record of appeal is likely to be unduly delayed resulting in the appellant serving the whole or substantial portion of his sentence.” BY COURT: I have read the documents filed by learned counsel for the applicant and the affidavit in opposition by the learned State Attorney. I have also taken note of the medical reports and other exhibits. I am of the view that it is the duty of the Prisons Authorities to see to it that the applicant receives the medical care as same is his fundamental right as enshrined in the 1992 constitution. Moreso, having regard to the sentence of 15 years IHL, there is not going to be any delay in preparing the record of appeal resulting in appellant serving the whole or substantial portion of his sentence. In view of the above, the application for bail cannot be granted. Same is hereby refused. (SGD) COMFORT KWASIWOR TASIAME (JUSTICE OF THE HIGH COURT) 3