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The defence team in the case of the Member of Parliament for Bawku Central, Adamu Daramani, yesterday accused the trial judge of threatening them.
Yonni Kulendi, the lead defense counsel for the MP, had accused the trial judge, Justice Charles Quist, of directing the prosecution in the conduct of its case but that did not go down well with the judge.
In response, the judge stated, “in your interest and in the interest of the accused person, you should not make such insinuations to the Bench."
But the judge's statement worsened the situation as Mr. Kulendi took offence and described it as "a threat" to him and the accused person.
"This doesn't give me the right frame of mind to continue with the case," Mr. Kulendi told the court, and prayed it to adjourn proceedings “to enable me to advise myself”.
Before adjourning, the court explained that in adjudication of cases, it should be fair to all parties involved in the case, and added that the court's intervention in the case did not mean it was directing the affairs of the prosecution.
It all started when the Chief State Attorney, Anthony Rexford Wiredu, was cross-examining the MP on a travel document issued to him by the British High Commission which had already been tendered in evidence by the prosecution as exhibit 'B'.
Mr. Wiredu had asked Mr.Daramani to read the content of the document but the MP just said, "There is no nationality" without reading the content.
Following that, Mr. Wiredu took the document back, read the content after which he opened another page in the case file where another copy to the travel document tendered in evidence by the defense had been filed as exhibit'6'.
He then handed it to the court clerk for onward submission to the trial judge which was done. Mr. Wiredu then asked Mr. Daramani: "How did you become a refugee when the document says you are a Burkinabe."
The trial judge after looking at the document, handed the file to the court clerk and asked him to show exhibit '6' which the prosecution had already opened, to the accused person who was in the witness box.
Mr. Kulendi challenged that, saying that in his view, it was the trial judge who opened the said page where exhibit '6' had been filed, and contended that the trial judge was directing the conduct of the prosecution's case.
Justice Quist, who was not happy with Mr. Kulendi's assertion, asked him (Kulendi) to refrain from making what he termed as insinuating statements to the court in his own interest and that of his client.
The case has been adjourned to March 22 for continuation.
Mr. Daramani was on July 31, 2009, put before the court, charged with nine counts relating to his nationality, perjury, forgery of passport, election fraud and deceiving public officers to be elected as an MP but he pleaded not guilty to all the charges.
On July 8, 2010, he was exonerated on six of those charges and currently facing three charges of false declaration of office or voting, perjury and deceiving a public officer.
He has since been granted a GH¢ 10,000-bail with one surety and his Ghanaian passport deposited at the Court Registry as part of the bail conditions.
Source: Ghanaian Times
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