DOGBE AND OTHERS v. THE REPUBLIC

JUDGMENT OF TAYLOR J.

I find the decision I am about to deliver distressing in view of the remarks which I am obliged to make in the course of delivering it, remarks which I would have preferred not to make but which in the view I take of my judicial functions I have to make to ensure that the rule of law is respected by members of the bar committed to uphold it.

On 22 December 1975 I dismissed an application for bail made to this court on behalf of the seventeen applicants herein. Before me now the applicants have renewed the said application by the same counsel who filed the previous application. This is an application for bail pending trial and because the charges the applicants face are murder and abetment of murder the application deserves very serious consideration indeed. In order to appreciate the legal principles which in my view must be brought to play in considering the application I think it is necessary to advert to the grounds on which the applicants are proceeding. The said grounds are contained in the affidavit in support of the motion paper which is sworn to by one of the accused persons. I set it down fully as follows:

"(1) That I am the deponent herein and know all the accused persons.

(2) That I am one of the accused persons herein and have the authority and concurrence of all the other accused persons to swear to this affidavit.

(3) That the first accused is charged with murder and all the rest with aiding and abetting.

(4) That on Wednesday, 10 December 1975, a motion for bail was moved on our behalf.

(5) That this honourable court dismissed the application on the strength of N.R.C.D. 309.

(6) That I will crave the indulgence of the court to refer to parts of the affidavit in support of that motion.

(7) That consequently we caused a petition to be made to the Head of State dated 3 January 1976, (vide copy attached as exhibit A).

(8) That as a result of the petition our solicitor received a reply from the Attorney-General (vide copy hereto attached as exhibit B) and it is on the strength of this reply that the present application is being made.

(9) That apart from the four persons mentioned in exhibit B I am also asking bail for the accused persons on the grounds:

That the accused persons were arrested on 31 January 1974; that they attended court at Tema till they were committed for trial to the High Court in June 1975.

(ii) Since 1 June 1975 we have been in custody awaiting trial and up to now no date has been fixed for t