Accra-Ghana, April 05, GNA – The newly assigned judge to Dr Stephen Kwabena Opuni, former Chief Executive of COCOBOD and two others’ case, says the trial would start from scratch (de vono).
Justice Anokye Gyimah last week indicated he would rule on whether the trial should start afresh or adopt the previous proceedings.
Justice Clemence J. Honyenuga was unable to complete the trial before retiring hence the state prayed that the matter be referred to the Chief Justice for a new Judge to be assigned.
At the Land Court today, the new Judge, Justice Anokye Gyimah, held that adopting the proceeding of the previous court would be unfair and the fact that the accused persons were presumed innocent until proven otherwise by the court.
It contended that there were many allegations of bias and applications against his predecessor, Justice Hoenyenuga, in respect of the matter, adding it would be unfair to overlook them.
The Court contended that it would not be able to confirm whether those allegations raised against the retired Supreme Court Judge were true.
It said it would prefer to ascertain the demeanor of witnesses.
The Court therefore directed the Prosecution to file witness statements on or before April 21, 2023, and the defence team should also do same.
The parties were directed by the Court to appear on April 25, 2023, for Case Management Conference after which a date would be fixed for trial
At the last sitting, the Prosecution led by Chief State Attorney (CSA) Mrs Evelyn Keelson entreated the Court to adopt the previous court proceedings as starting the trial ‘De Novo’ would amount to an injustice.
The State contended that the matter had travelled to the Supreme Court and various rulings had been delivered.
It noted that it had closed its case two years ago and Dr Opuni had filed as many as 60 applications, adding that starting the case afresh would be a delay on the part of the accused person.
The defence counsel for Dr Opuni, Mr Samuel Cudjoe, opposed the Prosecution’s prayer.
He contended that the State should file an application in respect of the trial so they could also file their response.
Cudjoe noted that the adoption of proceedings could be done in civil matters but not in criminal matters.
Mr Benson Nutsikpi who represented Seidu Agongo and his company, Agricult Limited, said that the practice should start de novo and the Supreme Court ruling was clear on such cases.
The trial Judge adjourned the matter to give further directions.
Dr Opuni and Seidu Agongo are standing trial on 27 counts of defrauding by false pretences, willfully causing financial loss to the state, money laundering and corruption by public officers in contravention of the Public Procurement Act.
The accused persons have denied the charges and they are on GHC300,000 self-recognizance bail each.
