BAIL ESCAPE:Justice Philip Bright Mensah Recalls Accused Person Who Vanished After Being Granted Bail

Justice Philip Bright Mensah has revealed that even after a judge carefully considers whether an accused person should be granted bail, there is always the possibility that the person may disappear.

Speaking to Kafui Dey, the retired Supreme Court Justice explained the principles judges consider before granting bail.

According to him, the most important question is whether the accused person will return to court to stand trial.

“The judge of the court must be satisfied that if granted bail, the accused person will come and stand his trial,” he said.

But Justice Mensah also warned against making bail conditions so difficult that an accused person is effectively punished before trial.

“I do not think the conditions must be such onerous that the person cannot meet the conditions,” he said.

Then came a personal example from his years on the bench.

Kafui Dey asked whether Justice Mensah had ever granted bail only for the accused person to disappear.

“Yes,” he replied.

He recalled a case involving alleged defrauding by false pretences.

The accused appeared in court with his lawyer, who told Justice Mensah that after obtaining bail, he would sit down with his client and work out how they could approach the complainant to resolve the matter.

Justice Mensah granted the bail.

But the case demonstrated the risk judges face when deciding whether to release an accused person while proceedings are still pending.

The episode also prompted a broader discussion about bail conditions and whether money changes hands in the process.

Justice Mensah explained that once bail is granted, the administration of the bail bond becomes the responsibility of the court’s registrar.

The registrar, he said, must ensure that the appropriate people appear and that the conditions attached to the bail are satisfied.

His comments underline the difficult balance judges must strike: protecting the integrity of the trial while respecting the rights of an accused person who has not yet been convicted.

For Justice Mensah, bail is not supposed to become punishment.

But once an accused person walks out of court, the judge cannot personally guarantee that they will return.