An Accra High Court has put on hold the trial of the former Cocobod boss Dr Stephen Opuni until a case referred to the Supreme Court involving former heads of the National Communications Authority and the State is ruled on.
Lawyers for Dr Opuni filed a motion demanding the release of all documents the state intends to use in prosecuting its case against their client, a request Deputy Attorney General Godfred Dame has resisted.
However, the court presided over by C.J Honyenugah decided to adjourn the case pending the determination of a similar motion filed in the case involving ex-NCA officials and state.
In that case, the former Board Chair of the NCA Baffoe Bonnie and Director General of the NCA William Tevie are also demanding the state to make available documents it intends to use in the prosecution.
Judge Honyenugah insists the adjournment of the Dr Opuni case will allow for consistency in how the High Court handles the same issue, Joy News' Joseph Ackah Blay reported.
He added it will be irrelevant to refer the matter to the apex court where a similar case is already being heard.
The judge has, therefore, adjourned hearing to April 30 by which time the Supreme Court would have ruled on the NCA matter.
Prior to the judge’s ruling lawyer for the former COCOBOD boss filed a motion demanding the release of all documents in the possession of the AG, COCOBOD and Public Procurement Authority.
The motion he argued hinged on Article 19 (2)(e) and (g) of 1992 constitution.
"It’s about a fair trial, it states a person charged with a criminal offence (e) shall be given adequate time and facilities to put up his defence" he quoted, adding based on these provisions they were entitled to all the documents listed in the motion paper.
However, the Deputy Attorney General asked the court to reject the motion filed by the defence.
Godfred Dame said the request was “utterly unfounded and hinged on irrelevant consideration.”
While he conceded that the defence is entitled to relevant evidence, he was quick to add that the prosecution will tender the documents, it intends to use and make same available.
Both parties will now have to wait for the ruling in the NCA case in order to proceed.
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