Lawyers for the former National Chairman of the New Patriotic Party (NPP), Freddie Blay, say they will file an appeal at the High Court in Koforidua to challenge the decision of a Circuit Court in Akropong to remand him in police custody.
Mr Blay was remanded after a bench warrant was issued over allegations of unlawful damage to property.
Speaking on Joy FM’s News Night on Monday, March 16, his lawyer explained that the legal team is already taking steps to challenge the ruling.
“Yes, we are going to file an appeal at the Koforidua High Court. We are working on filing it, and we are hopeful we will get a short stay,” he said. “A warrant was brought to his attention that a circuit court in Akropong had issued a bench warrant against him regarding a charge involving unlawful damage.”
He explained that Mr Blay was surprised by the development because he had not been served with any summons informing him about the court proceedings.
“When it was brought to his attention, he immediately had a conference with me and informed me that we should take the necessary steps because he had not been served with any summons,” he explained.
The lawyer said that issuing a bench warrant without serving the accused person with a summons was not proper.
“It is very surprising that a court will issue a bench warrant when he has not been served with any summons giving him notice of the proceedings pending,” he stated.
According to the defence lawyer, his team filed an application in court with evidence to show that Mr Blay had not received any summons.
He said during proceedings, even lawyers representing the Attorney-General admitted that the summons had not been served.
“When we brought this to the attention of the court, the Attorney-General’s lawyer conceded that he was not served with the summons,” he said.
Despite this admission, the court still remanded Mr Blay into custody.
The lawyer explained that the law allows a bench warrant to be issued only when a person has been properly served with a summons but fails to appear in court.
The court has remanded Mr Blay for three weeks, with the next hearing scheduled for April 9.
Mr Blay has been charged with conspiracy to commit unlawful damage to property under Section 171B of the Criminal and Other Offences Act.
Explaining the background to the case, the lawyer said the dispute relates to a piece of land Mr Blay bought in 1994.
“The land he bought as far back as 1994. Subsequently, the complainant was also claiming that he has an interest in the land,” he said.
According to him, a court-ordered survey later showed that the two lands were different.
“A composite plan revealed that the two lands are not the same. In fact, they are very distinct,” he explained.
He added that the survey confirmed that the site plan submitted by Mr Blay matched the land on the ground.
However, the court ruled in favour of the other party, a decision the legal team has already appealed.
“We have appealed, and we have also filed a stay of execution, which is still pending,” he said.
The lawyer also questioned claims that Mr Blay had destroyed a building on the land.
“They say he demolished a two-storey building; there was no such property on the land,” he said.
Meanwhile, a senior aide to Mr Blay, Benjamin Ansah, says the former NPP chairman is coping well despite the situation.
Speaking on the same programme on JoyNews, Mr Ansah said the development has come as a shock to his family.
On how the family is handling the situation, he added, “It’s a shock, but they are managing it.”
“Currently, on the charge sheet, they are claiming that he destroyed the complainant’s private property. Basically, that is the reason for the charge,” he said.
“He was charged with causing unlawful damage to property, which is not true.”
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Source: www.myjoyonline.com
