AMINA REMANDDED

By Stephen Kwabena Effah

Wednesday, November 3,2010

The woman at the centre of the alleged mass bus rape case, Amina Mohammed, was yesterday afternoon refused bail and remanded by the Accra Circuit Court on her first appearance in court.

But her lawyers say they will today appeal against the decision.

Her three-man defence team led by Andy Appiah-Kubi told journalists moments after court proceedings that the decision by the judge, Mrs. Patience Mills-Tetteh was “wrong”.

Explaining the ground of the appeal, he said , the judge did not assign reasons for her decision to refuse his client bail, adding “this is a miscarriage of justice.”

According to him, he canvassed enough grounds to warrant bail.

Amina, who has been in police custody since October 30, pleaded not guilty to two counts of publishing false news with intent to cause fear and alarm, and deceiving public officer.

The young-looking mother of three was invited by the police to assist in investigations into her comments on an Accra-based radio station that male passengers on board a Tamale-bound bus were forced by armed robbers to rape the female passengers.

Her remand followed the prosecution’s plea that attempts were being made to get the other passengers on board the Yutong bus with registration number GN 263-10, arguing that granting her bail would compromise investigations.

State Attorney Paul Asibi Abariga, said the comment by Amina has caused great fear and panic across the country thus creating a volatile temperature, which compromised her safety.

Although, he said, the case was a misdemeanour, the court should consider the gravity of her comment as well as her own safety.

“All those interested in peace and the safety of the accused are enjoined to ensure that the accused is put to lawful custody where her safety will be guaranteed. In the interest of justice and accused person’s interest, she should be remanded” Mr.Abariga argued.

However, Mr.Appiah-Kubi described Amina’s action as a case of “responsible citizenship outlining a crime she witnessed,” noting that nowhere did Amina say she took part or commissioned the crime to be carried out.

“If anything at all, the accused person has become an informant of the police and must be commended and encouraged,” Mr.Appiah-Kubi told the court.

He condemned the police for keeping Amina in custody beyond the constitutional 48 hours; describe the detention as “constitutionally unwarranted”

Advancing his argument for bail, he told the court that Amina’s three children have since Saturday been orphaned by her illegal detention by the police.

Counsel said his client had been co-operative with the police in their investigations and had no capacity to interfere with investigations.

He said Amina is a responsible mother of three with fixed abode and will at all material times and at the beckon of the court, appear for the matter to be judiciously determined.

The court, however, remanded her in police custody to appear again on November 9.

The prosecution’s said Amina, who lives at Ashaiman was hosted on Adom FM, private radio station on which she said armed robbers attacked a bus on which she was travelling on October 11, at Kintampo and forced the male passengers to rape the female passengers at gun point.

She said a man was also forced to defile her 14-year old daughter.

The comment, according to the prosecution was carried by various newspapers and other radiostations, causing massive fear and panic among the public.

However, investigations so far has revealed that there was only an attempted armed robbery case reported at the Ejisu Police Station on October 12, on a Yutong bus registration number GN 263-10.

The prosecution said according to the driver’s statement, when they got to Kubease near Ejisu in the Ashanti Region at about 10:00 pm the robbers had formed a blockade on the road but he drove through it.

The armed robbers fired at the bus smashing the back windscreen but the driver to report to the police after which the passengers continued their journey and arrived at their various destinations safely.