Crime & Punishment of Thursday, 19 October 2023
Source: www.ghanaweb.live
2023-10-19Why the court fined UTV NPP invaders a ‘paltry’ GHC2400 – Martin Kpebu explains
Some of the NPP members who invaded UTV
The courts, the Ghana Police Service, and the Office of the Attorney have come under intense scrutiny following the decision of an Accra High Court to fine the New Patriotic Party (NPP) members who invaded Accra-based TV station, UTV, GHS2400.
Some sections of the public accused the court, police, and Attorney General's office of giving the offenders a fine of a meager
Read full article.GHC2400 for besieging a TV station because they are members of the ruling NPP.
However, renowned lawyer Martin Kpebu has explained what might have gone into the decision of the court to fine the invaders (only) GHC2400.
In an interview with GhanaWeb, Martin Kpebu explained that the facts of a case and the conduct of the accused persons are important in determining the punishments given to them.
He indicated that the fact that the UTV invaders admitted their guilt and did not waste the time and resources of the court played a role in the decision of the judge to give them a fine of only 20 penalty points, which amounted to GHC 2400.
“When an accused person comes to court and admits his guilt straight away on day one, when the charges are read, the punishment is usually far lower than if he says I’m not guilty and the court spends years in determining the case... If the accused says he is not guilty and the case is dragged through a full trial to the end, then the sentence is usually much, much higher.
“The next thing you need to look at is that when you take this particular case, these are first-timers, and that is another factor the court considers in coming up with sentences. As far as I am aware, these are first-timers, and first-timers are not dealt with in a deterrent fashion like a repeat offender,” he said.
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The lawyer added that the accused persons were charged with a misdemeanor (conspiracy to commit crime and rioting), which usually attracts fines and a maximum sentence of 3 years in jail.
He, however, indicated that the fact that the NPP members who invaded the TV station have been convicted of a crime is significant.
He said that this conviction is going to haunt them everywhere they go and is even going to lead to them losing some opportunities.
“…the positive is that these young men are now convicts; they have been convicted of a criminal offence. So, today, if they are filing a visa form to go to the US or the UK, there is a portion that they would ask, 'Have you ever been convicted of a criminal offense?"
"They (the UTV invaders) have to tick yes and sometimes there would be penalties for it. They are even likely to be denied visas and other important services,” he said.
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