Samuel Atta Akyea, the newly appointed lawyer for Ashanti Regional Chairman of the NPP, Bernard Antwi Boasiako, popularly known as Chairman Wontumi, has filed a motion to adjourn the July 3 judgment date in the Samreboi case.
The application filed by Samuel Atta is praying to the Court to defer judgment in order to allow him to acquaint himself with all the proceedings.
The High Court in Accra had fixed July 3 for judgment in the case in which Chairman Wontumi and Akonta Mining are facing charges, including assignment of mineral rights without authorization.
Earlier, the Court had directed that the parties file their final closing addresses by June 17, which was subsequently revised to June 24, while the judgment date remained July 3.
On that June 17 after the High Court dismissed his application for withdrawal, his previous lawyer, Andy Appiah-Kubi, withdrew his legal services for Wontumi despite leading him to close his case.
Following the withdrawal of his lawyer, Chairman Wontumi, in his “panic”
appointed Samuel Atta Akyea as the new lawyer, and the new counsel, Samuel Atta Akyea, is asking the Court for time to peruse the court proceedings.
“Take notice that Counsel for the 1st and 3rd Accused persons/Applicants herein will move this Honourable Court on an application praying for an order deferring the delivery of judgment in this matter for a reasonable period to enable newly appointed Counsel for the 1st and 3rd Accused persons/Applicants to obtain and peruse the certified record of proceedings and all processes hitherto filed in the case, which will pave the way for him to lodge a credible and competent written submission on their behalf upon the grounds contained in the accompanying affidavit and for any further order(s) as this Honourable Court may deem fit,” the application stated.
Affidavit in support
In his affidavit in support of the application, Samuel Atta Akyea said the progression of this criminal trial should be a thorough perusal of the record of proceedings and other processes, which should be the basis of serious perusal, research, and the filing of a credible and competent written submission on behalf of the 1st and 3rd Accused persons/Applicants.
Unfortunately, he said, at this strategic climax of the case, the lawyer of record for the Accused persons withdrew his services, rendering them helpless in the putting together of that legal and skilled write-up which may inform and input the judgment of this Honourable Court.
“In the panic of the 1st Accused person/Applicant, he appointed me on his own behalf and for and on behalf of the 3rd Accused person/Applicant to assume the role as Counsel and complete the residual and all-important exercise of putting together a written submission.
“Pursuant to my appointment, I duly filed a Notice of Appointment of a Solicitor with this Honourable Court.
“Upon assuming the responsibility and conduct of the case, I applied to the Registrar of this Honourable Court for certified copies of the entire record of proceedings and all processes filed in the case so I can commence my work at this concluding stage of this case.
“As at the time of swearing this affidavit, the certified record of proceedings and requested processes have not been delivered to me by the Registrar.
“Indeed, the Registrar also intimated to my Clerk that he will also need the docket in order to photocopy some of the critical documents I will need for my work.
“In the absence of the complete record, I am unable to adequately acquaint myself with the proceedings and effectively discharge my professional obligations to the 1st and 3rd Accused persons/Applicants.
“As Counsel presently on record for the Accused Person, it is necessary that I be afforded a reasonable opportunity to familiarize myself with the record and advise my client appropriately.
“The 1st and 3rd Accused persons/Applicants face serious criminal charges, the outcome of which may have significant consequences for their liberty, reputation, rights, and interests.
“The constitutional guarantee of a fair hearing under Article 19 of the Constitution necessarily includes the right of an accused person to effective legal representation at every stage of criminal proceedings.
“It is the obvious truth that while the Republic is ably represented by the Hon. Attorney-General and his formidable team who will put together a written submission ostensibly to hammer out the guilt of the 1st and 3rd Accused persons/Applicants, they will be totally disadvantaged if this Honourable Court does not afford me the opportunity to internalise the proceedings and possibly combat the work of the Attorney-General through my shedding light on the case of and concerning their innocence and the fact that in the final analysis, the Hon. Attorney-General has not proven their guilt beyond reasonable doubt.
“The grant of this application will facilitate the effective exercise of that constitutional right and secure a fair trial.
“The instant application is not intended to obstruct, delay, or frustrate the administration of justice.
“The sole purpose of this application is to enable me to obtain and peruse the record of proceedings before judgment is delivered.
“No irreparable prejudice will be occasioned to the Republic should the Court grant the 1st and 3rd Accused persons/Applicants a reasonable time to enable me to file the necessary process for the consideration of this Honourable Court prior to the delivery of your Ladyship’s judgment.
“On the contrary, granting the application would enhance public confidence in the administration of justice by ensuring that the 1st and 3rd Accused persons/Applicants enjoy the full benefit of legal representation,” he said.
Source: Starrfm.com.gh
