An Accra Circuit Court has remanded leading members of Democracy Hub, Oliver Barker-Vormawor, Felicity Nelson and 11 others into Police custody for two weeks.
Lawyers of the protesters had applied for a bail after they pleaded not guilty.
Aside Oliver Barker Vormawor who was charged with 8 counts of offenses including, offensive conduct to the breach of peace and stealing, the remaining 12 were charged with 6 offenses.
The Judge handing the matter, Kwabena Obiri Yeboah ordered the Police to cater for the feeding of the protesters after reports that they had been starved for about 3 days.
After missing his first arraignment on day 1 due to health reasons, Oliver Barker-Vormawor was escorted to the circuit court limping and frail.
Fanny Otoo was however unable to make it to the court.
Oliver’s lawyer, Dr Justice Srem Sai argued in court that the Police had neglected his client and denied him prompt medical care until he collapsed while in custody.
The state preferred 8 counts of offenses including offensive conduct to the breach of peace and stealing to which he pleaded not guilty.
Another protester, Felicity Nelson had a fatal scare after experiencing an asthmatic attack on Wednesday evening while another slept on his knees for two days due to no space.
In his bail application Dr Justice Srem Sai noted that the Police’s inability to provide adequate care and shelter should be considered in granting all the protesters bail.
The lawyers also indicated that the protesters were not being fed.
But the prosecution led by Nana Akosua Kusi, opposed the bail application.
She noted that the accused persons were fed with nutritious food from a reputable restaurant, ‘Papaye’.
Head of Legal at the Police Regional office, Supt Sylvester Asare affirmed the claim by the Attorney-General’s office adding that he supervised it himself.
Responding to access to adequate healthcare and space, the prosecution prayed for prison custody for the protesters so they could be appropriately catered for.
She again indicated that some of the protesters refused to give their actual names making it difficult for proper identification and fixed place of abode to be located.
After considering their arguments, presiding judge Kwabena Obiri Yeboah remanded the protesters to Police custody for two weeks and ordered the Police to ensure they are adequately fed, given water to drink and adequate Healthcare to those sick.
Private legal practitioner Martin Kpebu expressed disappointment in the court’s decision.
“I’m extremely shocked by the decision of the learned trial Judge. This case doesn’t call for a remand. The Police didn’t make a good case for a remand. In this particular case what I witnessed in court, I don’t think the case was made for a remand.” Martin Kpebu posited.
“As the judge himself accepted, quite a number of the offenses are misdemeanors. When we say a misdemeanor in law it means the sentences range from a fine to a maximum of 3 years. So where there’s the risk that if you start punishing the person even before the trial, it will infringe on the right just quickly grant a bail,” he added.
Lawyer Elorm Ababio also known as Ama Governor who was also remanded on Wednesday was mistakenly added to the protesters who were brought to court and was later escorted back to custody.
This brings to 52 the total number of protesters who have been remanded into custody.
They are to reappear on court on October 8.
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