Dr. Opuni
An Accra High Court has dismissed another attempt by the embattled former Chief Executive Officer (CEO) of Ghana Cocoa Board (Cocobod) to have his trial put on hold.
This is the second time this year that the accused has filed applications at the High Court hearing the case and another at the Court of Appeal seeking to stay the proceedings.
According to Justice Clemence Honyenuga of the Court of Appeal sitting as an additional High Court judge, staying proceedings would further delay the trial, as the third prosecution witness has been in the box for months.
It was the ruling of the trial judge that Dr. Opuni’s lawyer, Samuel Codjoe, could not manage to provide a single good reason for which the application for stay of proceedings should be granted.
Lawyers for Dr. Opuni, who together with businessman Seidu Agongo, the Managing Director of Agricult Ghana Limited, are facing 27 charges, had filed another application for stay of proceedings pending the determination of an appeal they filed at the Court of Appeal against a decision of the trial judge.
The application emanated from the ruling of the judge who rejected attempts by Dr. Opuni’s lawyer to tender a letter signed by one Dr. Opoku-Ameyaw through the state’s witnesses.
The move was opposed by state prosecutors and the judge upheld the objection.
The lawyer then went to the Court of Appeal to challenge the decision of the trial judge and subsequently filed an application for stay of proceedings pending the determination of the appeal.
Mr. Codjoe in moving the motion had said that the document was a piece of evidence that emanated from ‘lawful custody’ and its relevance was not in doubt.
He said the court itself held that the document was ‘authentic’ and added that rejecting it would deprive the accused person’s right and liberty and, therefore, urged the court to stay its proceedings for a higher court to determine the matter.
The state, represented by Stella Ohene Appiah, opposed the application saying the defence lawyer had not shown any special circumstances that should warrant a stay of proceedings pending the determination of the appeal.
She said a document must be tendered through the appropriate witness, adding that the mere expectation that an interlocutory injunction would succeed, was no grounds for the grant of a stay of proceedings.
In his ruling, Justice Honyenuga held that halting the trial would only cause further delay, the case of which cross-examination of the prosecution’s third witness alone has gone on for months with no end in sight.
“This court has been fair and has not prevented any of the accused from putting across their case. I do not see any irreversible hardship that will be occasioned by the refusal. I will dismiss the application,” he averred.
Hearing continues on October 7 due to the legal vacation.
BY Gibil Abdul Razak