James Gyakye Quayson
The restrained Member of Parliament for Assin North, James Gyakye Quayson, who is standing trial for perjury and other charges, has dashed to the Supreme Court seeking to quash the decision of an Accra High Court regarding the testimony of the prosecution’s first witness.
The prosecution led by the Director of Public Prosecutions (DPP), Yvonne Atakora Obuobisa, was expected to call its first witness yesterday to commence the trial but the court had to adjourn the case in view of the application which had been filed by the accused person.
Tsatsu Tsikata, counsel for the accused, had requested the court to strike out certain portions of the witness statement filed on behalf of the accused person, arguing that the witness does not work at the Electoral Commission hence has no personal knowledge of such matters.
Justice Mary Yanzuh, however, dismissed the motion and set today to commence the trial only for the lawyer to inform the court that he has filed an application at the Apex Court seeking to quash the decision of the trial court “in respect of a ruling that you delivered concerning the testimony of the witness.”
He said the application was filed on Monday after they were able to attain the corrected copy of the ruling, indicating that they have requested for an early hearing of the application before the vacation.
He could, however, not show a copy to the court but explained that “we were informed by the Registrar that the Registry is waiting for a date to be provided by the Chief Justice for the hearing of the application for certiorari.”
Mr. Tsikata added that the application is significant not only in respect of the first witness but other witnesses who are scheduled to testify for the prosecution.
He, therefore, prayed the court to await the determination of the application by the Supreme Court “in order to avoid prejudice to the accused person by virtue of inadmissible testimony of a witness prejudicing a fair trial of this case as the constitution requires for a person being tried in a criminal offence.”
Mrs. Obuobisa said she had not seen any application and was only hearing about it in the courtroom, indicating that “from my understanding he is still waiting for a date and it is not clear whether what he has filed is ready for service on us and the court.”
She said in view of the application seeking to quash the ruling of the trial court, “we may have to take a date since the matter is pending before the Supreme Court.”
Justice Yanzuh said she had not been shown anything but she will take Mr. Tsatsu’s word for it. She subsequently adjourned the matter to October 18, 2022.
Mr. Quayson was slapped with five charges by the Attorney General, including deceit of a public officer, forgery of passport or travel documents, perjury and false declaration for office to which he pleaded not guilty and was granted bail by the court.
BY Gibril Abdul Razak