The Office of the Attorney General has dismissed what it describes as a “mischievous” portrayal by counsel for former National Signals Bureau Director-General Kwabena Adu-Boahene regarding the prosecution’s absence from court on Wednesday, September 2.

According to the Attorney General’s Press Secretary, Benjamin Alpha Aidoo, the prosecution’s failure to appear for what was scheduled as the final day of cross-examination in the Cybersecurity software case was due to circumstances beyond its control.

He said the prosecution remains committed to ensuring an expeditious and fair trial and did not deliberately stay away from court to abandon its case.

Mr Aidoo explained that during proceedings on Tuesday, September 1, counsel for Mr Adu-Boahene, Samuel Atta Akyea, requested an additional day to conclude his cross-examination.

He said both Mr Atta Akyea and the Deputy Attorney General subsequently agreed that Wednesday, September 2, would be used for the final day of cross-examination.

However, the Deputy Attorney General drew the High Court’s attention to a review application by former Minister for Education, Kojo Oppong Nkrumah, which was scheduled for hearing at the Supreme Court at 9 am on Wednesday.

The prosecution therefore asked the High Court to schedule the Adu-Boahene proceedings for 11:30am, on the expectation that the Supreme Court proceedings would have concluded by then.

The Attorney General’s Office said that expectation was not met, as the Supreme Court began sitting at 10am and concluded proceedings at 1:20pm.

By that time, the High Court had not seen the prosecution team and subsequently adjourned the case to Tuesday, September 8, for the final day of cross-examination.

Mr Aidoo said the Deputy Attorney General had personally agreed to the date and time in the expectation that the Supreme Court matter would be completed by 11 am.

He added that with the Deputy Attorney General still before the Supreme Court at 11:30 am, and lawyers already committed to their respective schedules, it was not possible to delegate another lawyer to hold brief at the High Court at such short notice.

The Attorney General’s Office rejected suggestions that the absence was deliberate, describing the circumstances as being outside the prosecution’s control.

“The Prosecution is fully committed to closing its case as early as the Court’s timelines allow and will be in Court on Tuesday for the final day of cross examination,” Mr Aidoo said.

The case involves Mr Adu-Boahene, his wife Angela Adjei-Boateng and two others, who are facing charges relating to an alleged diversion of public funds in the procurement of cybersecurity software.

Mr Adu-Boahene has pleaded not guilty to the charges.