State prosecutors have filed an application to discontinue with the prosecution of Member of Parliament for Assin North, Mr Kennedy Agyapong at the High Court. Mr Agyapong is standing trial for treason felony, terrorism and attempted genocide following inflammatory comments he made on radio. But the state Tuesday filed a motion of certiorari at the Supreme Court seeking a declaration to discontinue with the case at the High Court. The Supreme Court has set July 4 to rule on the application. The state is invoking the supervisory jurisdiction of the Supreme Court to review the proceedings at the High Court, contending the High Court was not the appropriate forum to hear the case. Joy News' Sammy Darko, who was in court reported that the Supreme Court judges were unhappy with the decision of the prosecution to file a motion of certiorari instead of a nolle prosequi which would have given rise to the same effect - that Mr Agyapong is discharged and if the state wished to re-arraign him, it would do so. According to Sammy Darko, the court demanded an explanation from the prosecution but the prosecution simply said it thought coming by a motion for certiorari was the right step to take. Faced with strenuous questioning by the Supreme Court judges, the Assistant State Attorney leading the case buckled and fumbled prompting the judges to ask the Principal State Attorney Rexford Wiredu why he was allowing a junior attorney to bear the cross. Rexford Wiredu's response, Sammy Darko said, provoked loud laughter in the court room courting a sharp criticism from the judges who maintained the Supreme Court was not the place to take matters lightly.