The Office of the Attorney General has been granted the opportunity to recall one of its witnesses in the trial of the Member of Parliament for Assin North, James Gyakye Quayson, who is accused of deceit of a public officer in the process of acquiring a Ghanaian passport.
The move is to allow the said witness to tender in the full complement of a document that he had previously tendered, with one page missing.
Justice Mary Yanzuh, the trial judge has also ordered the prosecution to follow its earlier order on them to furnish the MP with certain documents which his lawyer demanded.
Mr. Quayson has been charged with five counts of deceit of public officer, forgery of passport or travel certificate, knowingly making a false statutory statement, perjury, and false declaration of office.
The prosecution led by Esi Dentaa Yankah, a Principal State Attorney, moving the application, indicated that the witness in the course of his cross-examination notified the court of a page that was absent in an exhibit which he had tendered into evidence.
She said the witness sought to refer to that absent page but was unable to do so.
“The prosecution seeks for the witness to be recalled for the complete document to be placed before the court to enable the witness to refer to it as he sought to do in the course of his testimony,” she told the court.
Ms. Yankah also stated that the court is empowered to order the recall of a witness by section 79 of Act 30, which places that decision solely in the judge’s discretion.
“We pray that you exercise your discretion in our favour because without that the said exhibit in its current form is incomplete.
She added that the complete document will enable the trial court to do justice in the case rather than the court referring to an incomplete document, the construction of which might affect the trial judge’s ability to access the absent page or otherwise.
Tsatsu Tsikata, counsel for Mr. Quayson did not oppose the application but indicated that they had not seen the original of the document the prosecution is seeking to tender.
Justice Yanzuh granted the application and permitted the prosecution to call the witness to tender the complete document.
She also ordered the prosecution to have the original of the document to be tendered attached to the application as mandated by rules of court.
The case was adjourned to February 12, 2025, for the witness to be recalled, after which the prosecution may close its case.
BY Gibril Abdul Razak