POS Foundation has through its In-Prison Paralegal Programme secured the discharge and acquittal of a 63-years-old food vendor who had been jailed for 11 years.
Ama Forson was jailed on a charge of possession of narcotic drug (Indian Hemp) but was able to appeal her sentencing leading to her discharge and acquittal.
The In-Prison Paralegal Programme initiated by POS, a group that has championed the right of prison inmates, especially those on remand awaiting trial gives the inmates legal training to be able to identify loopholes in their cases.
Under the programme, inmates are taught how to appeal when they have suffered a miscarriage of justice at the courts because they were unable to afford the services of good counsel to put up their defence during trials.
It is through this programme that Ama Forson, now 67 was able to appeal her 11-years’ jail term after serving four (4) years and seven (7) months in jail for possession of narcotics.
Her appeal was successful and was subsequently acquitted and discharged by a High Court.
Speaking at the premiering of a documentary titled “The Untold Story of Ama Forson” at the Law Court Complex in Accra, Chief Justice Anin Yeboah noted that due to the complex nature of fighting crime, elaborate measures have been put in place to ensure that innocent persons are not mistakenly punished in the process of fighting crime.
“Police or prosecutors may, out of zeal or human error, present evidence, which may not be true. This evidence may enter into the records of court because the accused might not have a lawyer or may have an inexperienced lawyer to cross-examine on the wrongful evidence,” the Chief Justice indicated in a speech read on his behalf by Justice Gabriel Pwamang, a Justice of the Supreme Court.
He, however, indicated that the system has made provision for such unfortunate slips to be corrected by appeal or review of the judicial processes.
The Chief Justice declared the resolve of the Judicial Service under his watch to ensure that those who have made it their business to cause trouble in the country are dealt with by the law.
“We can only do our work if the Police and the Attorney General can gather sufficient evidence against those they prosecute in court”, the CJ added.
He said, “a well-funded national Legal Aid Scheme should be an important programme that as a nation, we should commit our resources to for our people”.
The Chief Justice also called for the institutionalisation of POS Foundation’s concept of the In-Prison Paralegal Programme by continuously perusing the records of convicts who had reasons to believe that they were innocent and had been wrongfully incarcerated.
Prison Overcrowding
The Director-General, Ghana Prisons Service, Patrick Darko Missah indicated that overcrowding remains a major challenge of the Ghana Prisons Service as it strives to promote the human rights and dignity of prisoners.
Mr Missah in a speech read on his behalf by Deputy Superintendent of Prisons (DSP) Stephen Okine Aboagye disclosed that “the total population as at June 24, 2021, stands at 13,200 despite the authorised capacity of 9,945. This gives an overcrowding rate of 32.65 per cent.”
He noted that the In-Prison Paralegal Programme/Appeal was another intervention that would ensure access to justice and reduce congestion.
Mr Missah disclosed that under the programme, 25 inmates had so far been trained and 18 Appeal Schools had been created.
He commended POS Foundation for promoting access to justice in the country.
Support
The Acting Deputy Chief of Missions at the United States Embassy, Virginia Elliot said the US Government was providing support by training prosecutors and lawyers on the Case Tracking System where criminal cases would be monitored from start to finish.
She added that the US Embassy through the Bureau of Narcotic and Law Enforcement Affairs “is proud to have supported the In-Prison Paralegal Programme and together with the Judiciary, the Ghana Prison Service and the POS Foundation advance efforts to protect the rights of poor and vulnerable accused persons like Ama Forson”.
Ms Elliot disclosed that the US Embassy is currently supporting the Ghana Legal Aid Commission’s effort to establish Ghana’s first-ever Public Defenders Office.
New Beginning
The Chief Executive Officer of KAB FAM Ghana Limited, Mr Charles Antwi Boahen, dealers in electrical appliances, donated a cheque for GH¢ 20,000 to Ama Forson, to start a business.
He also promised to provide her with electronic appliances as well as take care of the educational needs of her son.
POS Foundation
Executive Director of POS Foundation, Jonathan Osei Owusu, said the In-Prison Paralegal Programme offers an opportunity to the marginalized who as a result of lack of resources to hire a lawyer might have suffered a miscarriage of Justice.
He said the Foundation is not just concerned with criticisms of the Justice delivery system but a part of solutions of the system.
Mr Owusu thanked the governments of Ghana, the United States of America and Canada for their continuous support.
BY Gibril Abdul Razak