Sunyani — Justice G.H.K Debrah of the Sunyani Circuit Court 'A', has advised Counsel for the seven activists of the Wassa Association of Communities Affected by Mining (WACAM), who were arrested for allegedly breaching a section of the Public Order Act at Yamfo on November 27, this year not to worry over the case pending before him.
Justice Debrah on Tuesday, December 19, 2006 asked the two Counsel, Mr. Anthony Namoo and Mr. Joseph Kaponde why they were worried over the case, which according to him was not a big deal at all.
"It is not a case at all, why worry yourself over this case, go tell the police you are not aware of the law or even if you are aware what you were doing does not amount to inciting the public", the Judge said.
He further advised counsel to go to the police and sit over the case to end the matter.
Meanwhile, five out of the seven accused persons were remanded by Justice Debrah for two weeks on November 30, and bench warrant was issued for the arrest of the other two, Ibrahima Aidara (Senegalese) and his driver, George Yeboah, who had left the town by the time of the arrest.
This time, all the accused persons were present at Court, when the Judge now said, "the group is a charitable organization and their activities don't fall under the Public Order Act" to the surprise of some sympathizers, who had filled the court.
It would be recalled that Justice Debrah said mining communities were up in arms with mining companies and that he was remanding the five accused persons to serve as deterrence, as well as issuing a bench warrant for the arrest of the Senegalese and his driver.
Mr. Namoo had challenged as "inaccurate" facts presented by the prosecutor in his request for bail for his clients to enable him prepare for his defense, but Justice Debrah refused.
Meanwhile, WACAM has petitioned the Chief Justice to transfer the case from the Circuit Court presided over by Justice Debrah to a different court for justice to prevail.
Justice Debrah admitted that he had received a personal copy of the petition but he would continue to preside over the case till he hears from the Chief Justice.
The case was adjourned till January 23, 2007. Counsel for the accused persons have vowed to pursue the case till the end and would not take the advise by the Circuit Court Judge, G.H.K Debrah to accept that they were at fault.
Mr. Kaponde told The Chronicle that the accused persons did go to the community in their own capacity, but were there because of Oxfam-America and WACAM, and these two charitable organizations have not and would never do anything against the laws of any country.
"Whether it's a case or no case, we won't surrender to the crime we haven't committed, we'll clear our name by fighting to the end" said the counsel.

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