high court

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An Accra High Court on Monday dismissed an application filed by Mr Tsatsu Tsikata, a lawyer, accusing Mr Justice Kweku Etru Amua-Sekyi, Chairman of the National Reconciliation Commission (NRC) of showing dislike, animosity and bias towards him. The Court noted that the relief sought by the applicant did not constitute any miscarriage of justice. The Court presided over by Mr Justice Richard Asamoah, however, did not award any cost against the applicant The Court in its ruling noted the Act of Parliament that established the NRC gave the Commission the mandate to regulate its activities. On the provision of photocopies of Justice G.E.K. Aikins' statement to the applicant, the Court noted that the NRC exercised its discretion and it, therefore, saw nothing wrong if the photocopies offered to the applicant were authentic. "The original handwritten copies had been tendered to the Commission and the Commission in releasing them to the applicant must exercise its discretion. "Photocopies provided through a Court of law are as good as the originals provided they were authentic and had not been tampered with. "No miscarriage of justice had been incurred to the applicant. That applicant was able to conduct his cross-examination effectively with the photocopies offered him." The Court noted that the applicant was only confusing himself with procedural process of the Commission and the final decision of the Commission that would be taken after it had completed its work. It further stated that the frequent interjection by the Commission did not constitute bias because the NRC had been given the mandate on how to regulate its activities. On the charge of animosity against the NRC Chairman, the Court said it was of the view that no facts in the affidavits of the applicant had proved animosity.

Modified 18-Mar-2007