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17 July 2016

Montie saga: BNI failed judges; ‘they are on their own’ – Egbert

febertLegal practitioner Egbert Faibille Jnr says the Bureau of National Investigations (BNI) failed to protect the interest of judges after it cleared some radio panelists of posing any real danger when they threatened them with death.

He said in view of the posture of the BNI, the judges who have cited the three radio panelists for criminal contempt, must use the trial to signal they are capable of protecting and defending themselves.

“The judges are on their own they have to take their destiny into their own hands” the lawyer explained on Multi TV’s Saturday news analysis show Newsfile.

Supreme Court is expected to sit Monday July 18 to determine the fate of Montie three – Alistair Nelson, Godwin Ako Gunn and a host Salifu Maase also known as ‘Mugabe’.

They have been cited for scandalizing the court by their intimidating commentary on judges after they had ruled on a controversial voters register.

Their comments came days after the judiciary marked the most deadly day in Ghana’s history when three High Court judges including a pregnant judge were murdered 27 years ago.

But the BNI after arresting them declared that the three despite their vitriolic comments are incapable of harming judges.

Egbert is scandalized by this conclusion. “You get the BNI without having gone into the background of these persons…clearing them?”

Egbert took a strong stance against the Montie FM panelists and believes that they must be punished in the interest of defending the righteousness of the judiciary’s work.

“We need to protect our courts…it is not contempt of judges it is contempt of court” he said.

He referred to the judgment of Lord Morris of the House of Lords in the case of A.G. v TimesNewspaper Ltd to point out that the judges who were threatened are not defending their own interest but the interest of law and order.

“In an ordered community courts are established for the pacific settlement of disputes and for the maintenance of law and order. In the general interests of the community it is imperative that the authority of the courts should not be imperiled and that recourse to them should not be subject to unjustifiable interference”.

“When such unjustifiable interference is suppressed it is not because those charged with the responsibilities of adminis­tering justice are concerned for their own dignity: it is because the very structure of ordered life is at risk if the recognized courts of the land are so flouted that their authority wanes…”

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