State Prosecutors have told the High Court in Accra that their witnesses who had testified in the previous trial involving the Former Chief Executive Officer of Ghana Cocoa Board, (COCOBOD), Dr Stephen Kwabena Opuni are unwilling to testify again.
The High Court in Accra, (Land Division), presided over by Justice Kwasi Anokye Gyimah on April 4, ordered the prosecution to file its witness statements, by April 21.
This was after the court had turned down its request to adopt the previous proceedings of retired Supreme Court judge, Justice Clemence Honyenuga.
In court on Tuesday, April 25, when the case was called for Case Management Conference, Deputy Attorney General, Alfred Tuah-Yeboah, told the court that they could not comply with the court’s orders.
His reasons were that, some of the witnesses are unwilling to testify while others have raised concerns about the long term period they had spent in the witness box testifying in the previous case.
He said some of the witnesses are also on retirements but would need time to talk to them.
“On the last adjourn date, we were ordered to file our witness statements before today’s sitting. But we were unable to do so,” the Deputy AG stated.
“We are here to ask for extension of time for the following reasons,” the Deputy AG said, “We contacted some of our witnesses and some of them are unwilling to testify and we are still talking to them.”
Alfred Tuah-Yeboah while giving reasons why the witness are unwilling to show up in court to the fresh trial, said “Some say they are on retirement whilst others say they were in the witness box for two years.”
The prosecution subsequently prayed the court to grant its some 30 days to be able to speak to their witnesses and also file their witness statements as per the order.
Justice Kwasi Anokye Gyimah, after lawyers of Dr Opuni and Seidu Agongo led by Samuel Cudjoe and Benson Nutsukpui did not raise any objection, case adjourned the case to June 7.
Fresh start
On April 4, the newly assigned Judge to the case in which former Chief Executive of Ghana Cocoa Board, (COCOBOD), Dr. Stephen Kwabena Opuni is standing trial together with two others turned down prosecution’s request to adopt the previous proceedings of retired Justice Clemence Honyenuga.
Justice Kwasi Anokye Gyimah, said, it would be unfair for him to adopt a proceedings that is “saddled” with numerous allegations.
The prosecution led by Mrs Evelyn Keelson, a Chief State Attorney, had on March 30, 2023, moved a motion urging the court to adopt the previous proceedings to enable the trial continue.
But, the prosecution’s request was vehemently opposed to by Defence lawyers led by Samuel Cudjoe and Benson Nutsukpui, for (first and second accused respectively) who prayed the court to start the trial ‘De Novo’ (afresh),
Ruling on the motion on Tuesday, April 4, Justice Anokye Gyimah said, it would be “unfair” for the court to ignore the allegations and adopt the previous proceedings as it was.
He said in order for the court to have a first hand information of the trial and the demeanor of witnesses, the court will start the trial ‘De Novo’.
Justice Anokye Gyimah also pointed out that, an accused person is by law require fairness and that presumption of innocence should not be over looked by the court.
The court said in order to have a proper appreciation of the matter at hand and not to inherit the allegations that have characterized the previous court, the trial will start “De Novo.”
The prosecution has been directed to file their witnesses statements on or before April 21.
The Defence is accordingly directed to also file any witness statements if any on the same day.
The court ordered that the parties return to court today April 25 for Case Management Conference and a possible date for the trial to start.
Background
Dr. Opuni and Seidu Agongo, a businessman and his company Agricult Ghana Limited have been dragged to court for allegedly causing financial loss to the state following the purchase and supply of Litovite liquid fertilizer to cocoa farmers. The accusations which they have since denied.
Prosecution had closed it case after calling seven witnesses while Dr. Opuni who was mounting defence had also so far called his seven witness with some more to follow.
The trial docket earlier this month had to be transferred by the then Justice Honyenuga’s court to the Chief Justice for reassignment after the retired Supreme Court judge’s six month extension to conclude the case expired.
Source: Ghana/Starrfm.com.gh/Murtala Inusah
