High Court to rule on Quayson's motion for Stay of Proceedings July 11
The motion for a Stay of Proceedings comes on the back of an application filed by Mr. Quayson's side at the Court of Appeal, seeking a reversal of the 23rd June ruling of the High Court
The Accra High Court hearing the criminal trial of Assin-North MP, James Gyakye Quayson has set July 11, 2023, to give its ruling on the application for Stay of Proceedings.
Counsel for the accused, Tsatsu Tsikata moved his motion at the sitting earlier today - arguing that if the application for Stay of Proceedings is not granted, it would send the impression of a predetermined outcome of the trial.
Attorney-General Godfred Dame however in his arguments, stated that the application is only seeking to waste the court’s time, since the basis of the application was in reference to the variation ruling before the by-election, which had long passed.
"This application is a bundle of confusion grounded on distortion and must be rejected, I pray for same to be dismissed,” Mr Dame said.
The court presided over Justice Mary Maame Ekue Yanzuh, therefore fixed July 11, 2023, to give its ruling on the application for Stay of Proceedings.
The motion for a Stay of Proceedings comes on the back of an application filed by Mr. Quayson's side at the Court of Appeal, seeking a reversal of the 23rd June ruling of the High Court.
The High Court on June 23 dismissed a variation motion from the accused which sought to challenge the June 16 order of the court to hear the trial on a daily basis.
But in their filing at the Court of Appeal, they maintain that the decision of the Court was per incuriam and therefore a violation of Article 129 (4) and 296 (b) of the 1992 Constitution.
Grounds for the Appeal
They argue that the Court erred in law when it exercised its discretion on 16th June 2023 regarding the grant of adjournments, and thus violated the provisions of Article 296 (a) and (b) of the 1992 Constitution.
Additionally, they contend that the court erred in law when it ruled that “matters brought to its attention by the accused regarding the abuse of prosecutorial powers by the Attorney-General were not relevant to its consideration of the review application."
“The court below erred in law when it invoked section 169 of the Criminal Procedure Code as if that section requires a criminal trial being heard day to day,” adding that, the Court also on June 16, 2023, did not have jurisdiction to hear the oral application by the AG without prior notice to their side.
