Court to rule on Charles Antwi’s case on August 31

Law2An Accra High Court would on August 31, rule on an order of Certiorari filed on behalf of Charles Antwi, the gunman who visited the President’s Church with the intent to kill him.

The court fixed the date after listening to Mr Francis Xavier Sosu, who represented Charles Antwi and the Mental Health Authority and the State which was represented by Mrs Evelyn Keelson

Mr Sosu is pushing for the quashing of the jail term and compensation for applicant.

The State opposed the application saying it had already filed an appeal before another High court.

Meanwhile Dr Akwasi Osei, who was in court on behalf the Mental Health Authority, told the court it is important that Antwi is sent to the Hospital in order to determine where he should be sent to.

Antwi who is to a serve a 10- year jail term is still in the custody of the Bureau of National Investigations (BNI).

Arguing his case out, Mr Sosu noted that Antwi should have been sentenced to five years and a fine of 500 penalty unit (one penalty unit is GH¢12).

However Antwi was given 10 years which was the maximum sentence adding that was a clear error of law and same must be quashed.

Counsel noted that the plea of the applicant was not right in respect of his demeanour.

According to him if the BNI had done due diligence, they would have known the applicant‘s mental status.

He was therefore praying the court to order that applicant be sent to a health facility and be compensated thereafter.

The Attorney General (AG) contended that it had already appealed against the decision of the Circuit Court that convicted Antwi at an Accra High Court and the appeal is being heard.

The State noted that the law allows people to change their plea of not guilty to guilty.

According to the State, the trial judge had nothing to believe the applicant was not of sound mind.

The State contended that the applicant when given the chance to speak confirmed his guilt.

Mr Sosu went to court praying for the declaration that Antwi is a mental patient and must be sent to the psychiatric hospital for treatment and also to quash the jail term imposed on him.

The State is of the view that, the trial judge, Mr Justice Francis Obiri erred in his judgment because there was an error on the face of the record, while Antwi was sent to court only to be remanded.

It is, therefore, seeking a retrial and a thorough mental examination of the convict.

Source: GNA

Leave A Reply

Your email address will not be published.

Shares