By Beatrice Oppon
The Accra High Court has dismissed the Stay of Proceedings filed by MP for Assin North James Gyakye Quayson.
Mr. Gyakye Quayson was urging the Court to halt his criminal trial pending the determination of an appeal he filed at the Court of Appeal over the High Court’s decision to hear his case on a day-to-day basis.
Justice Mary Yanzuh held that the filing of an appeal does not automatically lead to a Stay of Proceedings.
She also said a Stay of Proceedings should be exercised in situations where irreparable damage or a miscarriage of justice may be occasioned.
She held that the applicant failed to demonstrate a special circumstance that warrants the granting of the application.
The Judge disagreed with the Applicant’s claim that he has a higher percentage of success in the appeal at the Court of Appeal and therefore the halt should be halted.
Justice Yanzuh held that the appeal is not to determine whether or not Mr. Gyakye Quayson should stand trial.
She also ruled that the Applicant’s claim of not being given a fair hearing because of alleged prejudicial comments on his trial is not sustainable because the case will be determined on its own merit and evidence adduced during the trial.
Lawyer for Mr. Gyakye Quayson Tsatsu Tsikata informed the Court that he is dissatisfied with the ruling and will proceed to the Court of Appeal with another application to Stay Proceedings at the High Court.
The trial will continue on Friday, July 14, 2023.
A number of MPs on the Minority side stormed the Court to show solidarity with the colleague Assin North MP.
Deputy Attorney General Alfred Tuah-Yeboah in an interview said ”the State is always ready to go on with the case”.
Director of Legal Affairs of the NDC Abraham Amaliba addressed the media on their next action saying the case will be pursued at the Court of Appeal.
MP for North Tongu Samuel Okudzeto Ablakwa was grateful to Constituents of Assin North who amassed at the Court premises to support Mr Gyakye Quayson.
