General News of Wednesday, 18 April 2012Source: Joy Online The Magistrate’s Court in Adjabeng has deferred hearing of the case involving Kennedy Agyapong.
The court says the charge of treason is too heavy for it to handle.
The court has subsequently declined jurisdiction of the case, imploring the prosecution to use the appropriate forum.
The court cited a circular which emanated from the office of the Judicial Secretary in June 2008 in which crimes such treason, hijacking, robbery and narcotics offences ought to be sent to the Office of the Chief Justice for a court to be selected.
A lawyer, Nana Asante Bediatuo in an interview with Joy News’ Anny Osabutey, who was present at the court mocked at what he said were the “comedy of errors” by the prosecution.
According to him, Ken Agyapong was charged with treason under section 180 of the Criminal Offences Act but said there was no such thing as treason under that section.
“What is there is high treason and as you may know the constitution differentiates between treason and high treason,”
He said the facts the state have proffered against Kennedy Agyapong to underpin the charge of treason appear to be the one in Article 19 (17) of the constitution.
“That section does not make provision for punishment,” he stated, adding that “you cannot be charged and prosecuted for a crime unless that crime is defined in law and the penalty for it also prescribed by law.”
On the charge of genocide which has also been slapped on the Assin North MP, the constitutional lawyer said the elements of genocide cannot be established in this particular case.
He said nobody has been killed or inflicted with bodily harm, key elements he said, were crucial for a charge of genocide to hold.
Asante Bediatuo was convinced with such charges the prosecution was bound to fail.