A member of the Minority says the state cannot be fishing for evidence in the infamous Delta Force 8 scandal when a Circuit Court judge is a material witness.

Rockson Dafiamekpor Member of Parliament for South Dayi and a lawyer said there can be no better evidence in court than the testimony of an eye witness.

He was contributing to the controversial release of suspects accused of invading a Circuit Court, attacking a judge and freeing suspects standing trial.

The state attorney prosecuting eight members of the Delta Force, a vigilante group affiliated to the governing the New Patriotic Party on charges of rioting, attacking a public officer, told the court she did not have evidence to prosecute the case.

The State Prosecutor however withdrew the charges against the eight persons, leaving the judge no choice but to discharge the suspects.

The eight were said to be part of the over 50 people who besieged the court on April 6, 2017 and attacked the trial judge, Mary Sankyire.

The discharge has triggered a controversy with huge political undertones.

The Minority in Parliament is angry with the turn of events, accusing the government of pandering to the pressures from their political party.

The government is also angry at the State prosecutor for deciding to withdraw the case without consulting the Attorney General.

The AG has therefore constituted an investigation into how the state prosecutor took the decision to withdraw without consulting her.

The decision to investigate has been described by the Minority as cosmetic.

Discussing the matter on Joy FM's Newsfile programme, a lawyer and MP for South Dayi Rockson Dafiamekpor said it cannot be the case that the prosecution cannot have evidence to prosecute.

"The trial judge is a material witness; the court clerks are a material witnesses; court bailiffs; journalists all of them were present.

"Did the prosecution take evidence from them?" he asked.

Even more curious Dafiamekpor argued is a complete disregard of the complainant, a police officer, in the case, who has not been heard on the matter.

He is convinced the government has no interest in prosecuting the matter and bringing justice.

A Deputy Attorney General  Joseph Dinkiok Kpemka  who was also on the show said the state will go back to court on the matter if it gathers new evidence.

"Nobody at the AG's department is taking this matter lightly," he stated, adding, whilst they are interested in getting to the bottom of the matter they are wary in order not to persecute people who may not necessarily be involved on the matter.