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Police Commander cited for contempt over failure to arrest land guards

Police Commander cited for contempt over failure to arrest land guards

The Agona Swedru High Court will, on Wednesday, April 12, 2017, hear an application for the committal of Assistant Superintendent of Police (ASP) Mr  David Amevor to contempt of court for failure to comply with a court order directing him to arrest and prosecute intruders found on a plaintiff’s land.

The contempt application was filed by counsel for 21st Century Construction Company Limited and Gelina Tropical Company Limited following the failure of ASP Amevor to effect the arrest of 23 land guards after the court had directed so in a March 29, 2017 decision.

An affidavit in support of the application deposed to by the Managing Director of the two companies, Mr Kofi Asmah, stated that Mr Asmah initiated an action before the Swedru High Court for an order for the arrest of some intruders and trespassers on his companies’ land at Kasoa in the Central Region.

The order

The High Court’s March 29, 2017 order, which was directed at the Millennium City Police Command, requested the police to arrest some 23 people described by the plaintiff companies as intruders and or trespassers.

They included Kwesi Charles Graham, Tahiru, aka Zongo Kontonkoli, Borkoborko, Hassan, aka National Security, and Ampofo, aka Old Soldier.

The court stated: “It is hereby ordered that the police who are within the jurisdiction of the disputed land do arrest and prosecute any intruder(s) or trespassers found on the plaintiffs’ land and any person or persons or trespassers or defendants as they are portrayed should also be arrested.

“Furthermore, all the defendants or other persons who come to harass the plaintiffs and their workers at their working site and are arrested by the latter should also be prosecuted.” 

Case of plaintiffs

According to the plaintiff, the order of the court was served on the contemnor on March 29, 2017, noting that contrary to the order of the court, the contemnor failed to effect the arrest of the intruders and trespassers on plaintiff companies’ land, despite several complaints lodged at the Millennium City Police Station against the intruders and the trespassers.  

The contention of the plaintiff is that by the behaviour of the Millennium City Police Commander, he has shown total disregard for the orders of the Swedru High Court 

The affidavit noted that Mr Amevor’s behaviour was clearly contemptuous of the orders of the court and that it was in the interest of justice that such behaviour be frowned upon and punished by the court.

The plaintiff, therefore, prayed the court that the contemnor be attached for contempt of court and be dealt with according to law.

Copies of the contempt application, which is to be moved before the Swedru High Court on April 12, 2017, have been served on the Inspector-General of Police, the Central Regional Police Commander, the Kasoa Divisional Police Command, the District Police Commander at Kasoa, Mr Amevor and the Nyanyano District Police Commander.

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