Chairman Wontumi is in the custody of the State. If his presence is required for his bail hearing, the State should produce him.
His nonappearance cannot simply be treated like that of a litigant who chooses not to attend.
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If his lawyer fails to appear because he is “on vacation,” the judge should inquire into the absence and take whatever action the circumstances and law warrant. But the consequence should not be that Wontumi’s bail application remains unheard until October 15.
A short adjournment of a few days would allow the State to produce Wontumi and give him an opportunity to secure another lawyer, with legal aid or other appropriate arrangements for representation where applicable.
A lawyer’s vacation may justify substitute counsel or a short adjournment. It should not ordinarily justify postponing a prisoner’s liberty application for weeks.
Lawyers may go on vacation. Justice should not, especially when liberty is at stake.
