Buffer Stock trial delayed over unsigned witness statements
When the matter came before Justice Francis Achibonga on Wednesday, Deputy Attorney-General Dr Justice Srem-Sai told the court that the state had filed the necessary processes and was ready for the conference to begin.
The High Court in Accra has stopped the Case Management Conference in the Buffer Stock trial after the defence objected to unsigned witness statements filed by the prosecution.
The case involves the former Chief Executive Officer of the National Food Buffer Stock Company Limited.
When the matter came before Justice Francis Achibonga on Wednesday, Deputy Attorney-General Dr Justice Srem-Sai told the court that the state had filed the necessary processes and was ready for the conference to begin.
But former Attorney-General Godfred Yeboah Dame, counsel for the first accused person, opposed the move.
He argued that the accused persons had received only one properly filed witness statement.
According to him, the remaining documents served by the prosecution were unsigned and could not be treated as valid witness statements under the criminal procedure rules.
Mr Dame said the Practice Directions on Disclosure and Case Management require the prosecution to file and serve all witness statements and documents it intends to rely on before the Case Management Conference starts.
Dr Srem-Sai disagreed, arguing that the conference is a continuing process and that the prosecution could file additional witness statements later.
He also said there was no specific rule preventing the conference from starting because some witness statements had not yet been signed.
Justice Achibonga upheld the defence objection.
The judge said although case management is a process, it could not proceed on the basis of unsigned witness statements.
He held that an unsigned witness statement “has no value”.
The court said signed witness statements are important because they may still be used by the defence even where the prosecution later decides not to rely on them.
Justice Achibonga added that the prosecution had earlier been directed to file all documents it intended to use in the trial.
The failure to file properly signed witness statements, he said, meant the state had not complied with that order.
“In the circumstances, I am unable to proceed with the Case Management Conference,” the judge ruled.
The case was adjourned to June 9 and June 11, 2027, for the prosecution to regularise the witness statements before proceedings continue.
