High Court hears Justice Dery’s application Feb.5

The High Court will on February 5, 2016, hear an application filed by Mr Justice Paul Uuter Dery for stay of proceedings in the case against Tiger Eye P I, the Chief Justice and the Attorney-General in the judicial bribery scandal.

According to the applicant, who is  one of the justices implicated in the judicial scandal, there was the need for the High Court to halt proceedings until the final determination of similar reliefs which will be determined by the Supreme Court on February 4, 2016.

In the substantive case, the applicant is praying the court to annul a petition seeking his removal from office because the video accompanying the petition was obtained illegally.    

Lawyer for Justice Dery, Nii Kpakpo Samoa Addo, is expected to move the motion for stay of proceedings on Friday, February 5, 2016.

 In a related development, Justice Dery has filed a petition requesting the Chief Justice to remove Mrs Justice Gertrude Torkonoo from sitting on his cases for exhibiting bias.

Justice Dery has accused Mrs Justice Torkonoo, a justice of the Court of Appeal with additional responsibility as a High Court judge of consistently showing bias while presiding on his cases.

He filed a formal writ praying the Supreme Court to order the judge to step aside but he withdrew it later and has now resorted to the administrative process.

Justice Dery enumerated some instances where Mrs Justice Torkonoo allegedly displayed open disdain towards him.

“Finally, your Ladyship, Justice Gertrude Torkornoo J.A in her affidavit in opposition to an application for contempt I filed at the Supreme Court exhibited bias against me. She deposed in several paragraphs of her affidavit that I have reckless disregard for the truth and that the Supreme Court should take steps to restore the dignity of the court and administration of justice from the barrage of untruths and unwarranted applications,” the petitioner noted.

Credibility

The petition, dated January 21, 2016 and signed by Justice Dery said the assessment of the credibility of a witness was part of the judicial process.

“ Her Ladyship Justice Gertrude Torkornoo J.A has already assessed me as an untruthful person.

It stands to reason with respect, your Ladyship, that her impartiality in handling any of my suits is very much in doubt.

I, therefore, pray that in the overall interest of justice, you use your powers to remove Her Ladyship Justice Gertrude Torkornoo J.A from my cases and replace her with a different Judge,” Justice Dery prayed.

Particulars of Bias

In his suit No. AP 232/2015, the petitioner said he filed a motion for interlocutory injunction, which was fixed for hearing on September 28, 2015, to prevent Tiger Eye P P from screening the audio visual recordings of its investigations on September 22 and 23, 2015 at the International Conference Centre.

“Your Ladyship, on the date of the hearing, Tiger Eye P I had already screened the audio-visuals and so the motion became moot.

As a result, neither my lawyer nor I went to Court. Her Ladyship, Justice Gertrude Torkornoo J.A sat on the motion, acknowledged that it was moot, stated that she would not strike it out and dismissed it.

Her Ladyship Justice Gertrude Torkornoo J.A then awarded heavy cost of GH¢5,000.00 against me and ordered that the cost should be paid before I bring any other motion,’ the petition noted.

In another case, Justice Dery said he filed an application to commit managers of the AICC and Tiger Eye P I for Contempt of Court.

He said the court fixed October 12, 2015 for hearing but on September 28, 2015, the motion was called without notice to him or his lawyer.

According to the petitioner, the other respondents were not served with his motion for contempt but said “her Ladyship Justice Gertrude Torkornoo with all this knowledge heard the application and dismissed it.

“Her Ladyship Justice Gertrude Torkornoo J.A in exercising her discretion in dispensing with service of the motion on the respondents never gave any reason.

“With respect your Ladyship, this is evidence of arbitrariness, capriciousness or bias as a result of either resentment, prejudice or personal dislike,” the petitioner opined.

He said he had come to the unfortunate realisation that he would not get an impartial trial before Mrs Justice Gertrude Torkornoo because she had demonstrated a real likelihood of bias in the handling of his cases.