William Mathew Tetteh Tevie
Lawyer for William Mathew Tetteh Tevie, former Director-General of the National Communication Authority (NCA), has hinted of plans to file an application to recall the Director of Legal Administration at NCA, Abena Kwarkoa Asafu-Adjei into the witness box.
Mrs. Asafu-Adjei, who is the first prosecution witness in the trial of immediate-past Board Chairman of the National Communication Authority (NCA), Eugene Baffoe-Bonnie and four others, was discharged by an Accra High Court on January 23, 2018 after testifying.
The trial was stayed following a prayer by the defence lawyers for the court to refer the interpretation of Article 19 Clause 2 E and G to the Supreme Court with regards to disclosure of prosecution documents.
The apex court on July 7 ruled that accused persons in summary trials are entitled to prosecution documents in order to properly defend themselves.
Appearing before the court yesterday, Agbesi Kojo Dzakpasu, lawyer for Mr. Tevie, told the court that in view of the Supreme Court’s ruling, it would be proper to recall the witness into the box.
But the court, over presided by Justice Eric Kyei Barfour, said he would not comment on the issue but urged the lawyer to file an application.
The lawyer, therefore, hinted that he would formally apply to the court for the witness to be recalled into the witness box.
Meanwhile, the court has adjourned the trial of the five board members of the Authority, who have been accused of causing $4 million financial loss to the state to October 16, 2018 due to the impending legal vacation.
The adjournment was also occasioned by another defence lawyer, Thaddeus Sory’s prayer to the court to chart a course for the prosecution to disclose documents.
Appearing before the court yesterday, Yvonne Atakora Obuobisa, Director of Public Prosecutions (DPP), told the court that the Office of the Attorney General had filed a total of 52 documents at the court’s registry, but she could not tell whether the defence lawyers had picked them.
Mr. Sory said there ought to be a compass to guide both parties with respect to disclosure of documents.
The court, presided over by Justice Eric Kyei Barfour, adjourned the case in line with the Supreme Court’s ruling and the disclosure by the DPP that they had filed the documents at the court’s registry.
The court on February 1, 2018 stayed proceedings in the trial of former top officials of the NCA after defence lawyers prayed the Supreme Court to interpret Article 19 Clause 2 E and G of the 1992 Constitution.
The other accused persons are Nana Owusu Ensaw, a former chairman of finance sub-committee of the NCA, Alhaji Salifu Mimina Osman, a former National Security Coordinator on the NCA Board, as well as a private businessman, George Derek Oppong, Director of Infraloks Development Limited (IDL).
Godwin Tamakloe and Osafo Buaben, lawyers for Alhaji Mimina Osman and George Dereck Oppong respectively, prayed the court to compel the Attorney-General to furnish their clients with documents they intended to rely for the trial pursuant to the Article.
The state, however, strongly opposed the motion.
Evelyn Keelson, a Chief State Attorney, stated that the Article was being wrongly quoted and that it was only the Supreme Court that has the power to interpret the constitution.
The Supreme Court on July 7, 2018 ruled that accused persons in summary trials are entitled to prosecution documents.
Disclosure is continuous and as when the prosecution gets the document, they would give them to the accused persons, the apex court stated.
It said the prosecution must also use its discretion to determine the relevance of documents to be disclosed to the accused persons.
By Gibril Abdul Razak