By Beatrice Oppon
The Accra High Court has adjourned to July 11, 2023, to rule on a Stay of Proceedings filed by MP for Assin North James Gyakye Quayson.
He is challenging the High Court’s decision to hear his criminal trial on a day-to-day basis at the Court of Appeal.
Lawyer for Mr Gyakye Quayson Tsatsu Tsikata argued that the trial Court erred in its ruling and wants it to Stay Proceedings pending the determination of the Appeal.
He said the High Court committed an error in law when it failed to appreciate that the exercise of its discretion violated the Constitution.
Mr Tsikata argued that Justice Mary Yanzuh’s ruling focused entirely on the discretionary power of the Court to grant adjournments and made references to the criminal procedure code, but failed to recognise the limits that the Constitution imposes on the exercise of such power.
Mr Tsikata contended that there are exceptional circumstances which necessitate a stay of proceedings pending the appeal at the Court of Appeal.
He further contended that continuing with the case would prejudice issues of the right to a fair trial, the presumption of innocence, and the limit on discretionary powers.
The Court granted permission for an audio which the defence believed was prejudicial comments by President Akufo-Addo against Mr Gyakye Quayson.
Mr Tsikata said the defence is considering filing a contempt application against persons who have made prejudicial statements about the case.
Attorney General Godfred Yeboah Dame opposed the grant of the application to stay proceedings.
He argued that the application is grounded in irrelevant matters and distorted facts. He urged the Court to dismiss it as incompetent.
Addressing the Media, Director of Legal Affairs of the NDC, Abraham Amaliba, accused the government of using its machinery to get Mr. Gyakye Quayson into prison.
