Former "Free Press" editor jailed 90 days for criminal libel

Accra (Greater Accra) 11 Nov '99

Eben Quarcoo, former editor of the 'Free Press'' was on Thursday sentenced to 90 days imprisonment for publishing that the First Lady, Nana Konadu Agyeman Rawlings smuggled gold and narcotic drugs outside the country.

An Accra circuit court, presided over by Mr Victor Ofoe, in addition, fined him 1.5 million cedis or go to jail for two years.

Quarcoo who pleaded not guilty to two counts of criminal libel, was found guilty on both counts with a penalty of 90 days jail sentence on each count to run concurrently.

The court fined Tommy Thompson Books Limited, Publishers of the Free Press, which was charged with Quarcoo for the same offences, five million cedis each on the two counts.

The sentence is to run concurrent.

The court convicted Quarcoo and the Publishers on 4 November and deferred sentence to 11 November. The court had reminded Quarcoo that the offence for which he was charged carries a maximum penalty of three years.

Passing sentence, Mr Ofoe said, much as the court condemned the behaviour of Quarcoo, "I must remind myself of the vital role media practitioners play as weighty partners in nation building.

" The sentence should not be one that must send chilling waves amongst journalists as to dampen the vitality of our present media landscape".

The court said since 1995 when the accused committed the offence, "it can be said with some degree of certainty that the accused persons have not repeated any such publication worth engaging anybody's serious attention".

It said it is necessary to appreciate also that since the accused were charged, they have been under the threat of imminent criminal sanctions, something that has psychologically disorganised them and their household.

"I will abandon at least some degree of revulsion of the society to such publication, give satisfaction to the victim of the crime but not discounting some degree of protection to experienced pressmen like the accused persons".

When the attorney for Quarcoo, Mr Akoto Ampaw was asked if he would appeal against the conviction and sentence, he replied " We shall let the public know whether to pursue that".

On the contrary, Mr Martin Amidu, Deputy Attorney-General who prosecuted said, "I do not think the sentence is commensurate with the gravity of the offence committed by the accused".

He said it is a serious indictment for someone to accuse a "decent Ghanaian of dealing in narcotic drugs without evidence" and added that the court should have handed over stiffer punishment than it did.

When he was asked if the prosecution would appeal, he said "I shall consider the sentence within the context of the whole trial and decide whether it is worthwhile."

Quarcoo, beaming with smiles and flanked by his attorney and some journalists, walked majestically out of the court room and escorted by a policeman taken away to commence his sentence.

GRi../