Opuni trial De novo: Court dismisses request for records, sets judgment for AG’s appeal July 3

The Court of Appeal presided over by  Justice Philip Bright Mensah has set judgment for an appeal by the Attorney General to July 3, 2023.

This followed a dismissal of an application for request filed by the accused persons, Dr. Stephen Opuni, former CEO of COCOBOD, and Businessman, Seidu Agongo.

Subsequent to the retirement of Justice Clemence Honyenuga, the case was transferred to a new judge, Justice Kwasi Anokye Gyimah who made a ruling for the case to be started afresh.

This position was however opposed by the Attorney General who has thus filed an appeal arguing among others that the above ruling has occasioned a great miscarriage of justice and will affect the efficient trial of the accused persons.

However before the case would be heard, Samuel Cudjoe, counsel for the first accused, in an oral application, noted that the records before the court have missing pages thus behooving the Registrar to ensure that the entire records are placed before the court.

This was supported by counsel for the second accused who noted that such an incomplete record will not allow the court to do justice.

On his part, the Attorney General, Godfred Dame disagreed with the above noting that the application was unsupported by any rule of procedure before the court.

The Court of Appeal panel, which includes Justice Ernest Owusu-Dapaah and Justice Jennifer Dadzie thus set the ruling on the application for June 14, 2023.

During proceedings today, the court dismissed the said application for records noting that the ruling of the High Court, the submissions of counsel, and the charge sheet are the relevant documents the Court of Appeal required to determine the appeal.

Subsequently, the court directed the Attorney General to file their Written Submission by Friday, June 16.

Similarly, lawyers for the first and second accused persons were also ordered to file their submission in the week after June 16.

The Court has meanwhile set July 3, 2023, for its judgment on appeal of its decision as to whether the trial is to start afresh or otherwise.