The Accra Fast Track High Court yesterday rescinded the bench warrant it issued last Monday for the arrest of Mr Yaw Donkor, Director of the Bureau of National Investigations (BNI), for disobeying its order to release a Volvo truck to its owner and also failing to appear in court.
The rescission followed an application to the court by the state prosecutor, Mr Anthony Rexford Wiredu, that the BNl boss did not deliberately disobey the court's order because he was outside the jurisdiction.
Mr Wiredu also apologised to the court for being absent at its sitting last Monday and explained that he was held up in another court. He informed the court about his intention to raise a preliminary objection to the capacity in which the applicant, Mr Kofi Owusu Boateng, brought the application for the consideration of the court.
According to Mr Wiredu, the applicant was not the only person acquitted and discharged by the court and that he had not exhibited anything to indicate the capacity in which he brought the application for the truck to be released to him.
For failing to release the truck, a motion was filed praying the court to cite Mr Donkor for contempt but neither the respondent nor his counsel were in court at the agreed date to hear the submissions.
Counsel for Mr Boateng, therefore, prayed for a bench warrant for the arrest of Mr Donkor. Mr Boateng was one of five persons acquitted and discharged by the court on two counts of conspiracy and possession of ammunition on December 16, 2010. However, the court did not make any order regarding the said truck, with registration number XR 550A KD, which was in the custody of the BNI.
The four other persons acquitted and discharged were Idowu Ankanni Josiah, Yaw Yeboah, Yaw Kwakye and Big Joe.
The case was adjourned to August 23, 20ll to enable counsel for the BNl boss to file his preliminary objection.
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