The High Court in Accra has granted bail to convict Pastor Hammond Love in the sum of GHc2 million as he seeks to appeal against his 48 months jail term.
In addition to the bail sum, the convict who is affectionately called Pastor Love is to produce three sureties who are to provide justification with landed properties within the jurisdiction of Accra.
The Court presided over by Justice Naa Koowa Quarshie who admitted him to bail said, Pastor Love should deposits his passport, which must be valid before November 15, 2025 to the registry.
EIB Network’s Legal Affairs Correspondent, Murtala Inusah reports that, Pastor Love who was physically present in Court is also expected to report to the police once a week on Tuesdays.
On October 1, 2924, the Circuit Court in Accra convicted and sentenced Pastor Hammond Love to 48 months imprisonment.
Pastor Love before his conviction had pleaded not guilty to the charge of stealing a Toyota Highlander 2013 in 2017.
But, seven years after full trial, the Court presided over by His Honour Isaac Addo found him guilty and sentenced him to serve the punishment in hard labour.
Dissatisfied with the judgment of the Circuit Court, Pastor Love and his lawyers have filed a notice of appeal at the Court of Appeal and sought for bail pending the determination of the appeal.
While moving the Application for bail on Friday, November 15, Counsel for the applicant, Francis Kwame Yeboah, submitted that, there is a prima facie wrong with the judgment and the appeal has the prospect of being successful on appeal.
“If you look at the first stage dealing with the fact, the judge at the Circuit Court stated clearly that the accused, used his own money to clear the vehicle and after clearing the vehicle, the complainant told the accused to sell the vehicle at $50k and deduct the charges.
“We think that the same judge cannot turn round and say the accused person stole the vehicle,” the Court said.
But, the prosecution, led by Rita Ofosua Appiah, Assistant State Attorney, opposed to the grant of bail pending appeal and submitted that, in bail application, pending appeal the applicant is a convict and “there is not innocence before the case is dealt with.
The Prosecution said, a careful reading at the judgment indicate that the applicant confessed to selling the vehicle of the complainant with his consent.
Counsel for the Republic stated that, the matters raised by the applicant are evidential matter which is the purpose of the appeal to determine the grounds of the appellant
She said, “there is therefore no error that on the judgment to indicate the appeal is likely to succeed,” before urging the Court to dismiss the application.
Justice Naa Koowa Quarshie after listening to all the submissions and processes filed exercised discretion in favour of the applicant.
Background
Per the brief facts of the case as narrated by the Prosecutor Assistant Superintendent of Police (ASP) Maxwell Oppong, the complainant Samuel Amankwah is a Businessman and a resident of the United States of America.
Whilst the accused (now convict) Hammond Love also known as Pastor Love is a Pastor and lives in Accra.
ASP Oppong said, in 2016, the complainant shipped Toyota Highlander 2013 model with chassis number STDBK3H3DS181410 into the country and tasked the accused (convict) to clear it.
The Prosecutor said, the accused (convict) used his own money and cleared the vehicle.
“After clearing the vehicle, the complainant told the accused (now convict) to sell the vehicle at $50,000 and deduct his duty money.
“The complainant later informed the accused not to sell the vehicle and that he will arrive in Ghana in April and pay his money,” the Prosecutor informed the Court.
The Prosecutor stated that, in April 2017, the complainant arrived in the country and contacted the accused for his vehicle.
“The accused could not produce the vehicle to the complainant upon several demands,” ASP Oppong stated.
The Prosecutor stated that on May 25, 2017, the complainant reported the case to the East Legon Police Station and the accused was arrested.
“During interrogation, the accused told Police that he secured a loan of GHC40,000 with 20% interest to clear the vehicle.
“That the loan was accruing more interest so he sold the vehicle without the consent of the complainant at GH¢80,000 and gave GHC70,000 to the loan company,” the Prosecution noted.
“The accused could not lead Police to the said loan company to ascertain the truth or otherwise.
“He also did not show the person who bought the vehicle,” the Prosecution told the Court.
The Prosecutor said, “after investigations, he was charged with the offence and arraigned before this Honourable court.”
Source: www.kumasimail.com
