EMMANUEL ASANTE VS. THE REPUBLIC
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE MARIE-LOUISE SIMMONS (MRS.)
Areas of Law
- Criminal Law and Procedure
- Constitutional Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Applicant has been in custody since June 2023 without trial, facing allegations of murdering his fiancée. Delays in the criminal justice system have kept him detained, despite no substantive trial commencing. The High Court, considering the Applicant's constitutional rights and evidence of unreasonable delay, granted bail with conditions to ensure his appearance in court or for further investigations.
RULING ON APPLICATION FOR BAIL PENDING TRIAL
The Applicant herein has caused to be filed on the 4th May, 2024 this present application on his behalf.
The supporting affidavit was sworn to by the Applicant himself.
There is Proof of Service of the Application on the Office of the Attorney General on the 5th April 2024. There was no evidence of any response filed by the Republic/Respondent as at close of day, the 17th April 2024. With Proof of Service on the Republic about two (2) weeks ago, I am minded to determine this application.
Attached to the present application is the charge sheet and facts of the case as presented to the District Court, La, Accra as Exhibit A The Applicant herein was provisionally charged with on one (1) count of Murder of one, Susana Aroba Hooper, which incident is said to have occurred on the 5th December 2022. The charge sheet indicates that the Applicant was arrested on the 8th June 2023. From the facts, the complaint was lodged by a brother in-law of the Applicant as the deceased, is said to have been the fiancée or wife of the Applicant, with the complainant being a brother to her.
On the 5th December 2022, the complainant reported the deceased missing and based on Police investigations, her body was found in a decomposed state in her room.
According to the facts, an inspection of the body showed her face “mangled”. Further investigations revealed that the deceased Samsung phone, her Hp laptop, facetel tablet and Hyundai Accent vehicle were stolen.
Later, one, Elizabeth Azure in Kumasi, a 25 year old girlfriend of the Applicant was arrested in possession of the deceased’s mobile phone and in the course of investigations, she informed the Police that it was the Applicant who sold the phone to her, and it was sent to her in Kumasi through a niece of the Applicant.
The Applicant was subsequently arrested and the facts indicate that investigations revealed that the Applicant had a misunderstanding with the deceased on the 2nd December 2022 and he assaulted the deceased in the process which led to her death.
The Applicant upon realizing her death, he took away the items of the deceased listed above.
According to the facts investigations was still ongoing as at that time, the case was put before the Court.
It has been deposed to by the Applicant in his supporting affidavit inter alia that he voluntarily went to the Manet Police Station and “turned himself in” upon invitation by the police for questioning on the theft of t