The Accra High Court has set October 17 to rule on an application to halt the criminal trial of former Signals Bureau Director, Kwabena Adu Boahene and 3 others.
Lawyers of the embattled Ex-Signals Bureau Chief, led by Samuel Atta Akyea moved the application to stay proceedings pending the determination of appeal of the High Court’s decision.
The court presided over by Justice Eugene Nyadu Nyantei earlier dismissed an application by Adu Boahene’s lawyers for further disclosures of documents, citing irrelevance and non-possession of the requested documents by the prosecution.
They then proceeded to appeal the High Court’s decision, alleging that the trial judge blocked access to relevant documents which would be key to their evidence.
During a virtual hearing on Wednesday, September 10, Samuel Atta Akyea argued that the failure of the prosecution to provide disclosures was damaging his clients and, by extension, their case in its entirety.
But Deputy Attorney-General, Dr Justice Srem Sai, leading the prosecution, opposed the motion to halt the trial, arguing that the accused’s lawyer had presented no exceptional circumstances for the case to be suspended pending the decision on the appeal.
“The accused persons made a demand on the AG to supply them with certain materials which they believe are exculpatory. It became apparent from the hearing of the motion that the materials are neither relevant nor in possession, and indeed the court found from the analyses of the various disclosures, including the police investigation cautions and various charge statements of the accused persons, that the requested materials couldn’t have come into the possession of the investigators or the prosecutors.
“Based on this, the court dismissed the request. It is against this dismissal that the accused persons filed an appeal and subsequently this instant application for stay of proceedings pending the determination of that appeal,” Dr Srem Sai argued.
“The question today isn’t whether the appeal has merit; nonetheless, the authority seems to suggest that the quality of the appeal may influence the decision whether to stay proceedings. In this request, we contend that the appeal stands no chance of success.
“This is based on the thorough and compelling reasoning which forms the basis of my lord’s ruling, which is the subject matter of the appeal,” the Deputy Attorney-General added.
After listening to their arguments, presiding judge Eugene Nyadu Nyantei adjourned the hearing to October 17 to rule on the application to stay proceedings.
Kwabena Adu Boahene, his spouse, Angela Adjei Boateng, and two others are facing 11 charges, including stealing, money laundering of GH¢49.1 million in state funds, willfully causing financial loss to the state, and abuse of public office.
According to the prosecution’s case, the former Signal Bureau Director, during his tenure, illegally transferred funds from a state-owned account to a private company.
Source:Lovinghananews.com
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