The lawyers for a driver and his conductor charged with assault of a policeman want the Attorney General to either discontinue the case or charge the policeman as well.

The accused persons and some eyewitnesses say the policeman had assaulted the driver first, causing the duo to retaliate.

Lead counsel, Martin Kpebu argues even before the policeman, Julius Mawuli Ekpe, lodged a complaint of assault against the driver and his “mate” at the Odorkor Police station, they had already lodged a similar complaint against the law enforcer at another station.

Francis Buabeng, the driver and his mate Albert Ansah were arrested and charged after the video of their altercation with a policeman went viral.

Read: Driver, mate subjected to physical abuse in police custody 

One of the lawyers for the accused who spoke to Joy News after court proceedings Monday noted that it is unfair to charge the driver and his mate and not charge the police officer.

The court presided over by Justice Bernard Bentil had adjourned the case to April 29 for case management conference but Mr Kpebu asked for an adjournment saying they were preparing a petition to the Attorney General asking for the case to be discontinued.

Read: GPRTU, human rights group demand access to remanded driver, mate

Police Prosecutors opposed the request saying the Odorkor Police Station investigated the two complaints and concluded the driver and mate had to be charged.

The prosecutors urged the lawyers to either raise the issue when the trial formally starts or submit additional evidence to the police.

Justice Bentil turned down the request for adjournment but the case could not proceed due to failure on the part of the police to bring equipment to enable viewing of video evidence.

Justice Bentil adjourned the case to May 13 warning he will dismiss the matter if further delays are occasioned.