The Chief Justice (CJ), Justice Gertrude Sackey Torkornoo, has accused the committee established by the President to probe three petitions brought against her of degrading, inhumane treatment and mental torture.
In a fresh court document filed by lawyers for Justice Torkornoo, she highlights, developments that have occurred since she filed a suit at the Supreme Court to challenge her suspension and the ongoing process for her removal, and also an injunction application to stop the five-member committee from continuing with the inquiry, while the Supreme Court, decides on the substantive case.
In the document filed on Monday May 26, the Chief Justice, Justice Gertrude Sackey Torkornoo, draws the attention of the Supreme Court, to alleged disrespect of her basic constitutional rights to fair trial, violation of her dignity and subjection to inhuman and degrading treatment, which she describes as a kind that could not even meted out to persons on trial for treason and other offenses against the State.
According to the Chief Justice, her lawyer, Kwabena Adu-Kusi, notified her of the adjournment of the proceedings of the committee to May, 22, a day after she filed the two actions at the supreme court.
The Chief Justice notes that, she appeared before the committee on the day, together with my lawyers and informed them of the suit she had instituted against the Attorney-General and the committee members, in response to which the committee requested copies of the processes and adjourned proceedings to Friday, May, 23.
Per the document, the committee, notwithstanding receipt of the processes, including the application for interlocutory injunction, indicated their resolve to proceed with the conduct of the inquiry, although, she still does not know the basis for the determination of a prima facie case against her and the specific allegations in respect of which a prima case has been established for her to answer, and enable her determine her legal rights or adequately prepare a defence to the charges against her.
Justice Gertrude Sackey Torkornoo, alleges that the committee’s sitting at a previous hearing on May, 15, at which she was represented by lawyer, the committee allegedly refused to recognise her lawyer because she was not personally present, and proceeded to fix subsequent hearing dates and make arrangements for the hearing without involving her counsel, even though he was present.
Justice Sackey Torkornoo continues that contrary to known rules regulating proceedings of committees of inquiry, the committee on May 23, informed her that the three petitioners will not be giving evidence themselves but will call other witnesses to give evidence to support their petitions.
A decision, she notes as completely offensive to known rules of procedure regulating the work of committees of inquiry as the petitioners, when they formally appear before the committee will be mere witnesses whose evidence will have to be taken and cross-examined on oath by the person affected by the proceedings.
The Chief Justice, also talks about other developments like the denial of access into the hearing room for her husband and children, searches on her body, denial of access to telephones and laptops for her and her lawyers, although lawyers for the petitioners have access to their phones and laptops.
She is also raising concerns over the conduct of the hearing in a high security zone at the premises of the Castle, Osu and claims that, it shows a deliberate effort to subject her to mental torture and degrading treatment in violation of her fundamental rights.
She adds that all article 146 proceedings with the exception of the one she is subjected to, had been held in a judicial facility, specifically, the Courts Complex, and asserts that the choice of location of the proceedings, to a cordoned high security facility boggles the mind.
The Chief Justice argues that the persistent’s violation of her constitutional rights shows that the entire proceedings initiated against her are a mockery of justice and a ruse to unjustifiably remove her from office as the Chief Justice.
She is therefore asking the Supreme Court to intervene by granting an injunction to prevent the assault on judicial independence and protect the security of the tenure of the Chief Justice and Justices of the Superior Courts of Judicature .
