Accra High Court: Salomey Baffoe Bail Refusal Appeal Ghana Denied

• The Accra High Court denied bail to Salomey Awiti Baffoe, a nurse accused of abetting false news publication, citing a risk of witness interference in a cyber-related investigation.
• Her defence lawyer, Nana Agyei Baffour Awuah, plans to appeal the decision and petition the Chief Justice for an expedited Court of Appeal hearing.
• The defence argues that investigations concerning Ms. Baffoe are complete, focusing now on third parties, and questions how she could interfere with data given police already seized and accessed her phones.
• The lawyer claims the High Court overlooked vital documentary evidence and that any police access to her phone was without consent or legal counsel's presence.
• The family has instructed the legal team to secure the liberty of Ms. Baffoe, who is a mother of three minor children.

The court's decision to refuse bail was primarily based on the cyber-related nature of the investigation.

The Accra High Court recently denied a bail application for Salomey Awiti Baffoe, a nurse accused of abetting the publication of false news in connection with the widely discussed "Ghana Jollof" saga. The ruling, delivered on Thursday, September 24, followed opposition from the prosecution, who argued that Ms. Baffoe's release could impede ongoing investigations.

The court's decision to refuse bail was primarily based on the cyber-related nature of the investigation. It held that granting Ms. Baffoe liberty at this stage posed a significant and real risk of interference with potential witnesses. This stance underscores the judiciary's cautious approach when digital evidence and potential data manipulation are central to a case.

Nana Agyei Baffour Awuah, representing Salomey Awiti Baffoe, has vocally disputed the High Court's rationale for continued detention, particularly the assertion of potential witness interference. The defence lawyer highlighted that, according to the police charge sheet, investigations directly pertaining to Ms. Baffoe herself have already been concluded. He argued that any remaining investigative efforts are now focused on identifying and apprehending third parties allegedly involved in the redistribution of the disputed videos.

Furthermore, the defence raised questions regarding the feasibility of Ms. Baffoe interfering with digital information. Mr. Baffour Awuah pointed out that the police had already seized his client's mobile phones and, based on their own statements, had accessed the devices and made certain findings. He questioned how Ms. Baffoe could possibly delete information or tamper with evidence when her primary digital devices were already in police custody.

The defence also expressed reservations about the circumstances surrounding the alleged examination of Ms. Baffoe's phone. They contended that if the police had indeed accessed the device, it was done without the presence or knowledge of her legal counsel, and crucially, without Ms. Baffoe's explicit consent. While acknowledging respect for the High Court's discretion, counsel maintained that the court had failed to adequately consider what he described as vital documentary evidence presented before it, forming the basis for their disagreement with the ruling.

Following the High Court's decision, Ms. Baffoe's legal team has been instructed by her family to pursue all necessary legal avenues to secure her freedom, especially given her status as a mother of three minor children. The primary strategy involves a two-pronged approach: filing a formal appeal against the High Court's bail refusal and submitting a petition to the Chief Justice.

The petition to the Chief Justice is a critical component of their strategy, aiming to facilitate an expedited hearing before the Court of Appeal. Nana Agyei Baffour Awuah explained that this petition would specifically request permission for the appellate court to convene where necessary, emphasizing the urgency required when an individual's liberty is at stake. This procedural step highlights the unique mechanisms available within Ghana's legal system for seeking urgent judicial intervention in matters of personal freedom, particularly when standard appellate timelines might prove too lengthy.

This case illustrates the High Court's approach to bail in cyber-related investigations, particularly regarding concerns about witness interference, and highlights the procedural avenues available for appealing bail refusals and seeking expedited appellate review through a Chief Justice petition in Ghana. Lawyers should note the court's emphasis on potential interference risks in digital evidence cases and the strategic use of CJ petitions for urgent liberty matters.

Source: Original reporting via Myjoyonline.com