A member of the National Democratic Congress legal team, Abraham Amaliba has said the decision by the Attorney General to drop the suit against the eight(8) members of pro-NPP vigilante group Delta Force who aided the escape of thirteen(13) of their colleagues from custody does not mean the case is totally abandoned or acquitted, saying the case can be 'revisited to restart proceedings'.
According to him, the Attorney General's claim of 'discharge in this suit means there is lack of evidence to continue legal proceedings against the eight(8) members of the Delta Force who raided the Kumasi Metropolitan Assembly (KMA) Circuit Court to aid the escape of 13 other members standing trial on April 6.
Speaking on OmanbapaShow with Oheneba, Lawyer Amaliba said "the notice of abandonment of the suit on grounds of want of evidence is temporal since there is no enough facts for now but when more or fresh evidence is uncovered,it will strengthen the resolve for the Court to re-open the case."
"The Delta 8 case is discharged but not acquitted.To be acquitted means to be fully freed on all counts by verdict of not guilty after all proceedings are closed " he stressed.
The Lawyer said he was shocked when he heard the news that the eight(8) members of the Delta Force, a private security arm within the governing New Patriotic Party (NPP), accused of raiding a court were freed on trial.
"It was a sad day for the rule of Law" he said
On resumption of the trial Wednesday , Justice Patricia Amponsah freed the accused persons, following the Attorney General’s application of 'nolle prosequi' in the case involving eight members of pro-government vigilante group Delta Force, saying the charges against them be dropped for want of evidence.
The Legal Practitioner argued whether the Court invited Mrs Mary Nsenkyire, the presiding Judge, of the KMA Circuit Court and the Court Clerk during the hearing of 13 members of the Delta who were facing trial for assaulting the Ashanti Regional Security Coordinator.
"There were a lot of people present who could assist in investigation or even for identification parade."
"The reason is NOT because there is no evidence but more specifically the region where the mayhem has been caused is a stronghold of the party in government, the NPP " he fumed.
He was therefore of the view that the Statement of their release is just a Damage Control Mechanism just to massage their release.
Lawyer Amaliba wanted to know if "the female Judge at the center of the mayhem was unfortunately raped would she say due her status she cannot avail herself for questioning or to aid in investigations" he asked.
Mr Amaliba made an assertion that "the only way to deal with these vigilante groups is to make the Inspector General of Police (IGP) independent".
"The IGP should have a keep tenure of office in order to act without fear or favour" he said.