Court advises Korle Bu feuding parties to settle amicably

Court advises Korle Bu feuding parties to settle amicably

The Human Rights Court has advised parties in the contempt suit against the Korle Bu Teaching Hospital to attempt settlement.

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A former Director of the Pharmacy Department of the hospital, Mrs Elizabeth Bruce, filed the contempt proceedings against the hospital, its Chief Executive Officer (CEO), Dr Gilbert Buckle, and the Chairman of the hospital’s board, Prof. Anthony Mawuli Sallar.

She wants Dr Buckle and Prof. Sallar to be convicted and imprisoned for bringing the court’s authority into disrepute.

She is further praying the court to impose “a very heavy fine” on the hospital.

Mrs Bruce, in April 2015, took legal action after she was interdicted in January 2015 for allegedly misappropriating funds at the pharmacy department.

The court was yet to hear the matter after the hospital filed its defence, but the respondents rather proceeded to dismiss her in June 2015 – resulting in the filing of the contempt application.

Court hearing

At the court’s sitting in Accra last Wednesday, the Presiding Judge, Mr Justice Kofi Essel-Mensah, said, “This case can easily be settled. The contempt is against the court and I say go and smoke the peace pipe.

“There is nothing wrong if the parties settle this matter amicably,” Mr Justice Essel-Mensah noted while looking in the direction of the parties in the crowded courtroom.

Dr Buckle was in court, but Prof. Sallar was absent. Hearing resumes on July 23, 2015.
Affidavit

An affidavit in support of the motion averred that following an unlawful “forensic audit” exercise by a private firm of chartered accountants pursuant to an unlawful appointment by the Minister of Health, she was unlawfully interdicted on January 29, 2015 by the respondents, without recourse to the mandatory provisions of the Ghana Health Service and Teaching Hospitals Act, 1996 (Act 525) and the Civil Service Regulations, 1960 (L. I. 47).

The affidavit noted that after her interdiction, an Administrative Enquiry Committee was unlawfully set up by the respondents to establish her culpability if any, in the findings of the forensic audit exercise.

It said on April 10, 2015, the applicant instituted a civil action for a number of reliefs, which included an order for her reinstatement.
According to the affidavit, the respondents were fully aware of the pendency of the suit but nevertheless proceeded to dismiss her through the issuance of a press release dated June 17, 2015.

According to the affidavit, the wilful disregard of the authority of the court by Prof. Sallar and Dr Buckle makes them inexcusably liable to be committed to prison, and a hefty fine ought to be imposed on the hospital in order to vindicate the undoubted authority of the court.

Writer’s email: mabel.baneseh@graphic.com.gh.

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