The eight Delta Force members who were freed could be re-arrested if there is enough evidence to establish their guilty, a former Commissioner of the Commission on Human Rights and Administrative Justice (CHRAJ), Justice Emile Short has said.
“If there is due evidence to link them with the offence, they can be re-arrested because they have only been discharged, they were not convicted…” Mr. Emile Short said.
The 8 were freed on grounds of lack of evidence after they raided a competent court of jurisdiction, leading to the escape of 12 of their suspects in court custody.
Many including the Minority have since criticized the move, demanding the rearrest of the eight.
But Mr. Short, on Eyewitness News, explained that the eight can only be re-arrested if there is “enough evidence” linking them to the case.
“If the eight Delta Force members were discharged for a lack of evidence, there’s no point re-arresting them,” Mr. Emile Short insisted.
He was also dismayed at the manner in which the case had been turned into a political one, saying “some people want to make this a political issue but it’s a legal issue.”
He further watered down suggestions that the Principal Attorney did not have the powers to deliver judgement on this case, clarifying that the latter could also instruct the Police to discontinue proceedings on a case, depending on the circumstances.
“Due process of law requires that if a docket is referred to the State Attorney and the State Attorneys look at the document and the evidence and find out that there is no evidence or whatsoever to support the charges brought against them, then the principal state attorney is entitled to instruct the Police to discontinue the proceedings and in a case like this we have had reference even to the Attorney General because the Attorney General had signed a Memorandum of Understanding. It is not all cases that the principal state attorney has to refer matters to the Attorney General because the Attorney General cannot supervise all cases in the region. “
The eight were standing trial for allegedly storming the court premises earlier this year to free 13 of their members who were charged with conspiracy to assault for vandalizing property at the Ashanti Regional Coordinating Council and assaulting the Regional Security Coordinator.
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(Via: CitiFM Online Ghana)