An Accra High Court has dismissed an application filed by a Deputy Director of Communication of the NDC, Kwaku Boahen, seeking to strike out a criminal charge of conspiracy to cause harm against him.

Justice Samuel Asiedu held that the application is without merit as it invites the court to assess the case even before state prosecutors call their witnesses to prove the charge.

NDC National Chairman Samuel Ofosu Ampofo and Mr. Boahen are standing trial over the leak of audio state prosecutors allege to be a plot by the NDC leader to commit various crimes.

Lead Counsel for Kwaku Boahen, Dr. Aziz Bamba, who moved the application argued that documents filed by the A-G fail to satisfy the elements required to sustain a charge of conspiracy to cause harm.

Chief State Attorney, Asiamah Sampong, opposed the application. He argued it was premature as the state prosecutors intended to in the course of the trial, prove the case filed with credible evidence.

He added that the court had earlier ruled on a similar application filed by Lawyers for the NDC chairman.

Justice Asiedu dismissed the application, directing that state prosecutors call their first witness to testify.

Lead Counsel for Mr. Ampofo, Tony Lithur, informed the court an application for stay of proceedings had been filed.

Justice Asiedu said he was not aware of the application and asked that the case continues.

Chief State Attorney Asiamah Sampong, however, informed the court that the state’s first witness is not available.