By Beatrice Oppon
The Accra High Court has refused an application filed by Assin North MP James Gyakye Quayson for a review of its orders on November 3, 2023 and a recall of the first prosecution witness.
Mr Gyakye Quayson who is being tried for alleged perjury and his legal team were absent from Court on the said date prompting a ruling by the judge to try the MP in absentia if he failed to appear on the next adjourned date.
Lawyer for the MP Tsatsu Tsikata contended that the orders were made without the defence having a hearing.
Mr Tsikata made a request for the proceedings of July 19, 2023 but the Court said it could not be retrieved due to technical issues.
The Judge, Justice Mary Yanzuh accordingly gave the defence more time to cross-examine the first prosecution witness Richard Takyi-Mensah to make up for the loss.
The Judge said Counsel for the MP took advantage to further cross-examine the witness and did not raise issues at that time.
Mr Tsikata argued that it was unjust for that evidence to simply be regarded as lost in unexplained circumstances. The prosecution led by Director of Public Prosecution Yvonne Atakora Obuobisa opposed the application by Mr Gyakye Quayson arguing that no miscarriage of justice was occasioned him because he fully exercised his right to cross-examine the witness who has since been discharged.
Responding to a submission by Mr Tsikata that the Assin North MP referred the conduct of the Attorney-General on July 19, 2023 to the Disciplinary Committee of the General Legal Council, Mrs Atakora Obuobisa said the case had been dismissed as a non-prima facie case was found.
Mr Tsikata said it was the first time hearing that the application against the Attorney General had been dismissed.
A prosecution witness, Abubakar Saddic Yaya who is also a Court Registrar from Assin Fosu was cross-examined by Mr Tsikata and has since been discharged by the court. The trial has been adjourned to February 16.
