The High Court in Accra has refused an application for bail filed by the first accused in the “Ghana Jollof” case, Salomey Awity Bafoh, citing the risk of interference with electronic evidence and the possibility of hampering ongoing investigations.
The court presided over by Justice Halima El-Alawa Abdul-Baasit held that although the offence with which Bafoh had been charged was a misdemeanour and generally bailable, that did not give her an automatic right to bail.
It said the prosecution had established grounds under the law to justify keeping her in custody while investigations continued.
The court, therefore, ordered that the accused remain in lawful custody until the next adjourned date, while directing the Republic to expedite the investigations.
Bail application
In court on Thursday (September 24), Counsel for accused, Nana Agyei Baffour, had urged the court to grant bail, arguing that the constitutional presumption of innocence and the right to liberty placed the burden on the prosecution to demonstrate why bail should be refused.
Counsel submitted that the prosecution had relied mainly on bare depositions and had not provided sufficient evidence to establish that Bafoh was likely to interfere with witnesses.
He also drew the court’s attention to Bafoh’s status as a mother of minor children and her health condition, arguing that she had been separated from her children for about 10 days.
Republic opposes bail
The Republic, represented by Maame Korantema Aboagye-Darko, opposed the application and relied on its affidavit in opposition.
The prosecution acknowledged Bafoh’s constitutional right to liberty but argued that the Constitution allowed that right to be curtailed upon reasonable suspicion that a person had committed or was about to commit an offence.
It further argued that the presumption of innocence, while necessary, was not by itself sufficient grounds for the grant of bail.
The prosecution said investigations were still ongoing and that Bafoh’s presence was necessary to assist the police, particularly in efforts to locate and arrest the second accused, who was said to be at large.
It also opposed the argument that Bafoh’s health condition warranted bail, arguing that no medical records had been attached to demonstrate the nature or severity of the condition.
The Republic further maintained that, given the nature of the alleged offence, there was a risk that Bafoh could interfere with witnesses and other persons involved in the matter.
Ruling
In its ruling, the court said the investigations were cyber-related and were likely to involve the examination and analysis of electronic devices and other digital evidence.
It said electronic and digital evidence could be susceptible to alteration, deletion or concealment, making its preservation and integrity important to the investigative process.
“Having regard to the facts presently before the court, there remains a live and active investigative process involving electronic and cyber-related evidence,” the court held.
It added that the release of the applicant at that stage was likely to present a real risk of interference with the evidence and could hamper the investigations.
The court said that ground had been established and could therefore be relied upon in determining the bail application.
The court, however, made it clear that its decision was not an indication that the accused was guilty of the offence alleged against her.
It said it remained mindful of the constitutional presumption of innocence and that nothing in the ruling should be interpreted as suggesting that the applicant was guilty.
It also stated that the refusal of bail was not intended as punishment but was based solely on its assessment that the statutory ground relating to interference with evidence and hampering investigations had been established.
The court also granted Salome liberty to renew her bail application if there was a material change in circumstances or the emergence of facts that materially altered the basis of the ruling.
The accused, a 40-year-old senior nursing officer, is facing a charge of abetment of crime, to wit publication of false news, in connection with the case involving Barbara Asantewaa Kodua, popularly known as “Ghana Jollof”.
