Minister of Justice and Attorney General, Godfred Dame has spoken following a unanimous decision by an Accra High Court to overturn a decision to restart the trial of former Chief Executive Officer of the Ghana Cocoa Board, Dr. Stephen Opuni.
This follows a decision by Justice Kwasi Anokye Gyimah, the new judge on the case, to start the case afresh owing to what he said were numerous allegations and evidence the case had been fraught with.
Justice Gyimah said this after he had taken over from retired Justice Clemence Honyenugah.
But the Attorney General, Godfred Dame, prayed to the Court of Appeal to quash Justice Gyimah’s decision to start the case de novo.
Mr. Dame argues in his application that the high court judge “misdirected himself” in the application of the principles regarding the adoption of evidence in a trial.
The AG argued that the ruling “has occasioned a miscarriage of justice, as it will hinder an efficient trial of the accused persons in the instant case”.
Following the decision to overturn by the Accra High Court, Godfred Dame said it is rather expedient for that the high court adopts evidence that has been already gathered in the case rather than begin the whole process again.
According to him, there’s nothing to fear if the case is conducted very well.
“My respectful view is that where the proceedings are far advanced, where the parties have led evidence and indeed enormous expense and inconvenience subjected to any of the parties by another for the trial to start, the proper thing is for the evidence to be adopted.
“What is there to fear? If a party conducts his case very well and he feels that yes evidence that has been led is sufficient to warrant either a conviction or acquittal, the proceedings ought to be adopted,” he added.
Appeals Court’s decision:
On Monday, July 3, the Court of Appeal overturned the decision, granting the application sought by the Attorney-General.
Already, Justice Gyimah, who is described by many who encountered him as tough and principled, has been replaced by Justice Aboagye Tandoh of the Winneba High Court.
Dr Opuni and businessman Seidu Agongo are facing trial for allegedly causing financial loss worth over GH¢217 million to the state.
—Ghanaweb—
