Dr. Stephen Opuni
An Accra High Court has decided to restart the trial of former Chief Executive Officer of Ghana Cocoa Board, Dr. Stephen Opuni from the beginning.
The court presided over by Justice Kwesi Gyimah, in a ruling turned down an oral application by the prosecution for the proceedings overseen by retired Justice Clemence Honyenuga to be adopted and the trial continued from where he had ended.
Justice Kwasi Anokye Gyimah in his ruling said the previous proceedings were saddled with so many allegations and he did not want to inherit any of those allegations.
Dr. Opuni and private businessman, Seidu Agongo, are accused of causing over GH¢217 million financial loss to the state and have been on trial at an Accra High Court since March 2018, charged with 27 offences.
The prosecution led by the Director of Public Prosecutions (DPP), Yvonne Atakora Obuobisa, called seven witnesses to prove the charges against the accused persons who were extensively cross-examined by defense lawyers, some spanning about six months.
The prosecution closed its case on March 30, 2021 and Dr. Opuni has since opened his defence and called seven out of the eleven witnesses he intended to rely on to prove his innocence.
But the case had to be reassigned to another Judge following the retirement of Justice of Honyenuga (rtd.) and the expiration of the six months extension granted him by the Chief Justice in accordance with the 1992 Constitution.
Evelyn Keeslon, a Chief State Attorney last week urged the new Judge to consider the delays occasioned in the case since its beginning and the fact that the prosecution has closed its case two years ago and Dr. Opuni called seven witnesses.
She said the demeanour of the accused persons should not be the key consideration for restarting the trial, adding that no miscarriage of justice will occasion if the proceedings are adopted and the trial continues.
The Samuel Codjoe, counsel for Dr. Opuni as well as Nutifafa Nutsukpui, counsel for Seidu Agongo and Agricult Ghana Limited, both opposed the application and urged the court to start the trial afresh as adopting the old proceedings will be unfair to the accused persons.
Ruling on the matter, Justice Gyimah held that it would be unfair for the court to ignore the allegations made against the previous Judge and adopt the previous proceedings as they were.
He said the law requires fairness towards an accused person and the principle of presumption of innocence until proven guilty should not be overlooked by the court.
The Judge also pointed out that in order for the court to have a first-hand information in the trial and pay attention to the demeanour of witnesses, the court will start the trial from scratch.
Justice Gyimah therefore, ordered the prosecution to file witness statements for its witnesses on or before April 21, 2023.
The case was adjourned to April 25, 2023, for case management conference where a possible date would be agreed for the commencement of the trial.
Dr. Opuni and Seidu Agongo, Managing Director of Agricult Ghana Limited are before an Accra High Court for causing financial loss to the state to the tune of GH¢217,370,289.22.
The two are facing a total of 27 charges, including defrauding by false pretence, willfully causing financial loss to the state, money laundering, corruption by a public officer and contravention of the Public Procurement Act.
The two are in court over the purchase and supply of Lithovit liquid fertiliser which the state said was done in contravention of several laws.
BY Gibril Abdul Razak