Private legal practitioner David Ametefe says the mere intention of the Attorney-General to appeal a court judgment does not, by itself, provide a legal basis for keeping an acquitted person in custody, amid public debate over the continued detention of former MASLOC Chief Executive, Sedina Christine Tamakloe-Attionu.
Speaking on Gold Morning Conversation with Sena Numbo, Mr. Ametefe explained that once a court of competent jurisdiction acquits and discharges an accused person, the judgment takes immediate legal effect unless a competent court orders otherwise.
He, however, noted that Ms. Tamakloe-Attionu’s continued detention could be linked to other pending court processes or administrative procedures that the relevant authorities may be required to observe.
His comments follow remarks by Government Spokesperson Felix Kwakye Ofosu on Channel One TV that the Attorney-General was taking steps to challenge the Court of Appeal’s decision, a development he suggested accounted for her continued custody.
Mr. Ametefe outlined the legal procedure available to the state where it intends to contest an acquittal. He explained that after filing a notice of appeal, the Attorney-General would ordinarily apply for a stay of execution of the judgment pending the determination of the appeal.
According to him, although such a process is understood to have been initiated on August 1, an application for a stay may not be heard until after the legal vacation, potentially in October. Until then, he said, the prison authorities may maintain custody if they are acting pursuant to an existing court process or pending application.
Mr. Ametefe maintained that an acquittal takes immediate legal effect and that the matter thereafter becomes largely administrative. However, he noted that the decision to release a person ultimately rests with the prison authorities, who may delay a release where there are outstanding court processes or lawful directives requiring their compliance.
Story by Ruth Quaye
