Anas judge freed : Evidence not sufficient to meet prima facie test

One of the judges cited in the Anas exposé, Justice Asmah Akwasi Asiedu, has been let off the hook due to insufficient evidence that he engaged in a corrupt act.

The Chief Justice (CJ), Mrs Justice Georgina Theodora Wood, in dismissing the bribery allegation petition by Tiger Eye PI against Mr Justice Asmah Akwasi Asiedu, said the evidence provided in support of the allegations against the said Judge was not sufficient to meet the prima facie test.

What is prima facie?

Prima facie is the presentation of sufficient evidence by a civil claimant to support the legal claim or a piece of evidence itself.
That means that upon examination by the CJ, there was insufficient corroborating evidence to support the case against Mr Justice Asiedu.

A statement issued by the Judicial Secretary, Justice Alex B. Poku-Acheampong, said “the evidence provided by TIGER EYE P I in support of the allegations against the said Judge was not sufficient to meet the prima facie test either in relation to the allegation of bribery or ex-parte communication between the Judge and the petitioner on a judicial matter pending before him, contrary to the Code of Conduct for Judges and Magistrates of Ghana (CCJMG)”.

The statement said Mr Justice Asmah Akwasi Asiedu was elevated to the High Court on April 1, 2015 at a time when the appointing authorities were not privy to the alleged acts of misconduct or wrongdoings brought against him and the 21 Circuit Court Judges and magistrates.

Therefore, in view of his position as a High Court Judge, the statement said the petition against him was subsequently forwarded to the President in accordance with Article 146 of the 1992 Constitution, since Articles 148 and 151, which gave the Chief Justice the power to deal with the matter, were no longer applicable to him following his elevation.

President refers case to CJ
However, the President, in a letter dated September 23, 2015, requested the CJ to handle the petition under Article 146 and determine whether or not there was a prima facie case against Mr Justice Asmah Akwasi Asiedu.

The CJ concluded that the evidence provided by Tiger Eye P I in support of the allegations against him was inadequate and failed to meet the constitutional prima facie threshold.

Second committee
In a related development, the Chief Justice, in a bid to expedite investigations into the alleged misconduct by the High Court judges, has, in accordance with a decision of the Judicial Council, constituted a second committee to investigate the matter against three of the judges.

The five-member committee comprises a Justice of the Supreme Court, who is the chairperson, with two Justices of the Court of Appeal appointed by the Judicial

Council and two other persons appointed on the advice of the Council of State, who are not members of the Council of State, Members of Parliament, or lawyers.

Judicial scandal
Anas Aremeyaw Anas’s private investigative company, Tiger Eye P I, conducted a two-year investigation, which produced the 500-hour video that captured the 34 judges and others allegedly engaging in bribery and extortion.

One court clerk was even caught in a sex scandal.

One of the High Court judges implicated in the video, Paul Uuter Dery, is on the heels of any organisation that attempts to screen the video, while 14 Circuit

Court judges have filed a suit seeking to stop disciplinary proceedings instituted by the Judicial Council into the matter.
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