Gregory Afoko's bail application to an Accra High Court hearing the murder case of Adams Mahama has been thrown out. Afoko, a farmer, who has been in custody for the past eight is one of two individuals held in connection with the death of Adams Mahama, the New Patriotic Party's Upper East Regional Chairman.
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In April, a hung jury resulted in a 4:3 not guilty verdict for Afoko on charges of conspiracy and murder, leading to a retrial ordered by Justice Afua Merley Wood, a Justice of the Court of Appeal.Afoko's counsel, Stephen Sowah Charway, applied for bail, which was opposed by State Prosecutor Dorm Esi Fiadzo.Justice Louise Simmons, presiding over the court, ruled that there had not been an unreasonable delay in Afoko's retrial.
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It was acknowledged by both the prosecution and the defense that two separate trials had taken place within the eight-year period.Justice Simmons further stated that since the second trial ended on April 27, 2023, there had only been a month of inactivity, attributed to the prosecution awaiting the case to be assigned by the Chief Justice.The court emphasized that the decision to grant bail rests with the judge.
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Ultimately, the application for bail was refused and dismissed.During the proceedings, Afoko was absent as he is currently on remand at the Nsawam Prison.Afoko's counsel argued that his continued detention was unjustifiable and unconstitutional. They highlighted Afoko's lack of rebellious behavior and absence of prior convictions.
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Counsel emphasized Afoko's constitutional right to bail and assured the court that he was prepared to fulfill all bail conditions and comply with the retrial order.The prosecution countered by stating that Afoko had been unable to fulfill his bail conditions in 2019, leading to his continued custody.The State Prosecutor stressed that although Afoko was presumed innocent, he remained in custody until acquitted by a jury.
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She asserted that there had been no unreasonable delay in the case, considering the first trial was disrupted due to the arrest of the second accused.The prosecution also assured the court of their readiness for the retrial, with witnesses prepared to testify promptly once assigned by the Chief Justice. They expressed concerns that granting bail could result in Afoko absconding and potentially obstructing the pursuit of justice.
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Meanwhile, Asabke Alangdi, the second accused who was found guilty of conspiracy to commit murder and sentenced to death, has filed an appeal at the Court of Appeal challenging his conviction and sentence.
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