The Supreme Court has once again cautioned lawyers on their public pronouncements on the ongoing election petition hearing.
According to the court, some of those comments were prejudicial.
Giving the caution Monday afternoon [February 8, 2021], the Chief Justice, Justice Kwasi Anin Yeboah said both parties from the petitioner and the second respondent were guilty of that.
The Chief Justice, specifically mentioned former Attorney-General and Minister of Justice, Marietta Brew Appiah Opong of twisting facts during media interviews after hearing.
“Please both sides are guilty of it, and especially my dear sister Marietta, at times you make statements even touching on the demeanor of witnesses, so please, it is a passionate plea from the bench, lets respect the ethical rules.”
He also mentioned lawyer Yaw Oppong from the second respondent’s side, who he said appeared in a media interview on Joy News’ Newsfile programme on Saturday; an act which breached Rule 38 of the Legal Professional Conduct and Ethical Rules, 2020.
“Mr [Yaw] Oppong too, you are also guilty of it, you were at the Newsfile and since you have been announced in this case, it is unacceptable,” the Chief Justice added.
Last week’s caution
Last week the Supreme Court gave a similar caution on media interviews and the twisting of facts and went ahead to advise lawyers engaged in such interviews to put down their gowns and wigs and grant the interviews.
PEGAS RANA MOTTORS
“So we are just drawing your attention to the ethical infractions, and you have to advise yourself accordingly. Somebody other than you may do it, that is not our concern but you are precluded by law because you have been announced in the case on regular basis.”
“And if you are a lawyer and you are not actively participating, please we passionately plead to you to put down your robes and grant the interview. We don’t think that you should be in robes with the wig on…, and addressing the media,” the court said last week Monday, February 1, 2021.
Frank Davies
Last week the Supreme Court mentioned one of the legal team members of President Nana Addo Dankwa Akufo-Addo, Mr Frank Davies and asked him to be mindful of his post trial media interviews after court sittings.
The Court said it was not comfortable with the post trial media interviews by Mr Frank Davies, something the court said breaches Rule 38 of the Legal Professional Conduct and Ethical Rules, 2020.
Rule 38 talks about lawyers who are involved in a case or has participated in a matter that is still pending in court.
The rule states that a lawyer who is practicing or has participated in the litigation or investigation of a matter that is still pending before a court, “shall not make an out of court statement or grant an interview to the media on the matter.”
Referring to Rule 38, the Chief Justice, Justice Kwasi Anin Yeboah told Mr Davies that some of his comments violate the ethics of the legal profession.
“Mr Frank Davies, we respectfully draw your attention to the Legal Professional Conduct and Ethical Rules, 2020. Please, you look at Rule 38, the court is not comfortable with the post trial interviews that you [Davies] grant outside,” Justice Anin Yeboah said Monday morning [February 1, 2021] when the 2020 presidential election petition came up for hearing.
more to follow…
Source: Graphic online