Dr. Stephen Opuni
An Accra High Court has ordered former Chief Executive Officer of Ghana Cocoa Board (COCOBOD), Dr. Stephen Opuni, to call his third witness in the trial in which he has been accused of causing over GH¢217 million financial loss to the state in a deal to purchase Lithovit fertiliser.
The order by the court presided over by Justice Clemence Honyenuga, a Supreme Court judge sitting as an additional High Court judge came after the accused person’s second witness, Samuel Torbi, was absent for the second time due to a medical condition.
Samuel Codjoe, counsel for the ex COCOBOD boss yesterday told the court that he had an excuse duty issued by the Ridge Hospital indicating that he was admitted on May 17, 2022 to the medical ward of the hospital and discharged on May 20, 2022, and that he has been given an excuse duty for one week.
He said he had requested the witness to get him a medical report so that he can update the court, but he was told that due to issues of doctor-patient confidentiality they could not give out the medical report unless the court ordered for it.
Evelyn Keelson, a Chief State Attorney, indicated that once again the medical excuse duty did not detail the ailment for which the witness was admitted and treated.
She said in order for the court to effectively conduct the case, it would be necessary for the court to order the medical officer who attended to the witness and issued the excuse duty to appear before the court to give further and better particulars to the court on the ailment for which the witness was being excused for.
“My Lord, this will also assist the court in making a determination whether the next witness for the first accused can be called whilst we wait for DW2 to effectively recover,” Mrs. Keelson added.
Benson Nutsukpui, counsel for Seidu Agongo and Agricult Ghana Limited, said he had also been given a copy of the excuse duty, which on its face does look regular to them, but they will abide by any directives the court may give with regard to the said excuse duty.
Justice Honyenuga in his ruling held that to enable the court to effectively deal with the case and to avoid further delay, Dr. Opuni is ordered to produce his next witness at the next adjourned date – May 25, 2022.
He said the second witness can be allowed to recover and at any time that he recovers he could be recalled for further cross-examination.
He added that although the suggestion to invite the doctor treating the witness is laudable, “I think that it will only occasion more delays in the trial of this four-year-old criminal case.”
Meanwhile, the Supreme Court has in a 6:1 majority decision dismissed an application filed by Dr. Opuni seeking among other things, a perpetual injunction restraining the High Court from continuing with the hearing of the case until the final findings of facts made against the accused persons which presumed them guilty are expunged.
BY Gibril Abdul Razak