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Justice Dery looks for scapegoats; cites UTV for contempt

Accra-based television station and the manager of Accra International Conference Center are being cited for contempt of court by an embattled judge Justice Paul Dery.

The High Court judge says the two have disregarded an application for a court injunction on the public broadcast of a documentary in which he is alleged to have received bribes.

The action by UTV and managers of the AICC is to seek to “prejudice the fair trial of the case and that singular act amounts to contempt of Court”, he said.

Attached is the writ filed by the judge.

IN THE SUPERIOR COURT OF JUDICATURE

IN THE HIGH COURT OF JUSTICE

FAST TRACK DIVISION

ACCRA – AD 2015

                                                                                                            SUIT NO:

 

IN THE MATTER OF AN APPLICATION FOR COMMITTAL FOR CONTEMPT

AND

IN THE MATTER OF:

THE REPUBLIC

 

VRS.

 

MR. KOFI APPIAH                                                                              1ST RESPONDENT

Manager

Accra International Conference Centre

Osu, Accra

 

THE STATION MANAGER                                                                  2ND RESPONDENT

UTV

Accra

EX PARTE JUSTICE PAUL UUTER DERY                                             APPLICANT

MOTION ON NOTICE FOR COMMITTAL FOR CONTEMPT PURSUANT TO ORDER 50 R1 (2) OF C.I. 47

TAKE NOTICE that Counsel for and on behalf of the Applicant herein will move this Honourable Court for an order of this Court committing the Respondents to prison for contempt of Court upon the grounds set out in the accompanying affidavit and for any such order(s) the Court may deem fit.

COURT TO BE MOVED on                          the                   day of September, 2015 at 9 o’clock in the forenoon or so soon thereafter as Counsel for Applicant may be heard.

 

DATED IN ACCRA THIS 22ND DAY OF SEPTEMBER, 2015.

 

 

NII KPAKPO SAMOA ADDO (Esq.)

Lawyer for the Applicant

License No. GAR 09817/15

 

The Registrar

High Court

Fast Track Division

Accra.

 

And to the above named Respondents

IN THE SUPERIOR COURT OF JUDICATURE

IN THE HIGH COURT OF JUSTICE

FAST TRACK DIVISION

ACCRA – AD 2015

 

                                                                                                            SUIT NO:

 

IN THE MATTER OF AN APPLICATION FOR COMMITTAL FOR CONTEMPT

AND

IN THE MATTER OF:

THE REPUBLIC

VRS.

 

MR. KOFI APPIAH                                                                              1ST RESPONDENT

Manager

Accra International Conference Centre

Osu, Accra

 

THE STATION MANAGER                                                                  2ND RESPONDENT

UTV

Accra

EX PARTE JUSTICE PAUL UUTER DERY                                             APPLICANT

AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE FOR COMMITTAL FOR CONTEMPT PURSUANT TO ORDER 50 R1 (2) OF C.I. 47

I, His Lordship, Paul Uuter Dery of Unnumbered House, Spintex Road, Accra, do hereby make oath and say as follows:

 

  1. That I am the Applicant herein and the deponent hereto.

 

  1. That I depose to this affidavit in support referring to facts and matters that are either within my personal knowledge and belief or which are based on information provided to me by third parties, which I verily believe to be true.

 

  1. That the 1st Respondent is the Manager of the Accra International Conference Centre, Osu, Accra.

 

  1. That the 2nd Respondent is the Station Manager of the United Television Station in Accra.

 

  1. That on the 16th of September, 2015, I caused a Writ of Summons to be issued from the Registry of this Honourable Court titled His Lordship Justice Paul Uuter Dery v. 1. The Director of Estates and General Services Bureau, Ministry of Foreign Affairs 2. The Chief Director, Ministry of Foreign Affairs 3. The Manager, Accra International Conference Centre 4. The Attorney General, prohibiting the Defendants therein from prejudicing my case by making their Accra International Conference Centre facility available to Tigereyepi and its Media Partners. (Please, find attached and exhibited as “PUD 1” a copy of the said suit).

 

  1. That the 1st Respondent herein is the 3rd Defendant in the above mentioned Suit.

 

  1. That the Defendants in the said Suit including the Respondent herein were served with the said Writ on the 16th of September, 2015. (Please, find attached and exhibited as “PUD2” a copy of the proof of service).

 

  1. That on the 22nd of September, 2015, I also filed an Interlocutory Injunction against the Defendants in the above mentioned suit seeking to restrain the Defendants from making the Accra International Conference Centre available to Tigereyepi and its Media Partners for the screening of the alleged audio visual recordings. (Please, find attached and exhibited as “PUD3” a copy of the Interlocutory Injunction).

 

  1. That the 1st Respondent herein, who is the 3rd Defendant in the said suit was served with the said Interlocutory Injunction on the 22nd of September, 2015. (Please, find attached and exhibited as “PUD4” a copy of the proof of service).

 

  1. That notwithstanding, the 1st Respondent having been served with the said Interlocutory Injunction, the 1st Respondent went ahead to make the Accra International Conference Centre available to Tigereyepi and its Media Partners, blatantly disregarding, undermining and prejudicing the authority of this Honourable Court.

 

  1. That the 2nd Respondent was issued a letter dated the 15th of September , 2015 and received by one Rosemond Kankam on the 16th of September, 2015 notifying it of the pending suit against Tigereye PI, Chief Justice of the Republic of Ghana and the Attorney General. (Please, find attached and exhibited as “PUD5” a copy of the said letter).

 

  1. That even after receiving the letter dated the 15th of September, 2015, the 2nd Respondent on the 22nd of September, 2015, at around 10 pm aired contents of the audio visual recording on its television station, United Television.

 

  1. That the Respondents have knowledge of the pendency of my actions before the court.

 

  1. That the Respondents’ conduct is calculated to bring the authority and administration of the law into disrespect and disregard and to interfere with the course of justice.

 

  1. That the 1st Respondent’s act of making the Accra International Conference Centre available to Tigereyepi and its Media Partners for the public screening of the alleged audio visual recordings on the 22nd of September, 2015, seeks to prejudice the fair trial of the case and that singular act amounts to contempt of Court.

 

  1. That the 2nd Respondent’s act of telecasting the contents of the audio visual recording to the public seeks to prejudice the fair trial of the case and that singular act amounts to contempt of Court.

 

  1. That the Respondents’ conduct is in bad faith, is malicious and is prejudicial to the determination of the case before the court.

 

  1. In the circumstances, I pray that this obvious disregard to the Court amounts to nothing more than contempt of Court of which the Respondents ought to be convicted and punished.

 

WHEREFORE I swear to this affidavit in support of the motion.

 

SWORN AT ACCRA                          )

THIS     DAY OF SEPTEMBER, 2015    )                                              ……………………………

Deponent

 

BEFORE ME

 

 

COMMISSIONER OF OATHS

– See more at: http://www.myjoyonline.com/news/2015/September-23rd/justice-dery-looks-for-scapegoats-sues-utv-for-contempt.php#sthash.x2SLR1PL.dpuf

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