James Quayson's motion for Stay of Proceedings adjourned to July 4
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 trying the criminal case of newly elected Assin-North Member of Parliament James Gyakye Quayson has adjourned an application for Stay of Proceedings to July 4, 2023.
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.
However, 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.
