By Beatrice Oppon
The Court of Appeal has dismissed an appeal filed by MP for Assin North James Gyakye Quayson to Stay Proceedings at the Accra High Court.
Lawyer for the MP, Tsatsu Tsikata, filed the application following the High Court’s refusal to halt the criminal trial pending the determination of an appeal against the daily hearing.
The Court of Appeal ruled that, per the Practice Direction, the High Court acted within the remit of the law and was not in breach of any Constitutional provision. It further stated that the said order does not in any way offend the rights of Mr. Quayson.
Counsel for Assin North MP Tsatsu Tsikata claimed that the trial at the High Court violated Mr. Gyakye Quayson’s right to a fair trial, which constitutes an exceptional circumstance for which the Court of Appeal must exercise its discretion in accordance with Article 19 of the Constitution and stay proceedings.
He said Mr Quayson’s right to a fair hearing is being violated by the trial court’s decision to continue the proceedings even though disclosure requirements have not been fully satisfied. He cited an instance where the first prosecution witness made reference to an attachment to a witness statement during Tuesday’s trial, which the defence has not been served.
Mr Tsikata further submitted that proceedings at the High Court are already tainted due to the judge’s failure to ensure that full disclosures are made as insisted by the Supreme Court.
He also contended that there are indications that the trial is intended to reach a predetermined outcome based on prejudicial comments by the President and some government officials. He said those comments are a clear violation of the Constitution, but the trial court has described them as irrelevant.
The Court of Appeal, however, disagreed with the appellant.
It held that the trial Court had not made any decision based on those comments.
It also ruled that Mr. Tsikata failed to demonstrate that the High Court’s order breached any.
The Court held that the appellant failed to demonstrate any exceptional circumstance to warrant it to use its discretion to reverse the High Court’s ruling.
Attorney General Godfred Yeboah Dame opposed the submissions by Mr Tsikata.
He contended that the true reason for the appeal is an attempt by Mr. Quayson not to stand trial.
Director of Legal Affairs of the NDC, Abraham Amaliba, said the ruling ”does not come as a surprise”.
Meanwhile, the trial at the High Court continues.
