Opuni Trial Adjourned To June 73 min read

The trial of former Chief Executive Officer of Ghana Cocoa Board (COCOBOD), Dr. Stephen Opuni and businessman Seidu Agongo, has been adjourned to June 7, 2023, for case management.

The adjournment was occasioned by the inability of the prosecution to file its witness statements due to challenges they are facing with some witnesses.

Alfred Tuah-Yeboah, Deputy Attorney General, yesterday asked the court for an extension of time to file the witness statements because some of their witnesses are not willing to testify in the matter.

He said one of the witnesses, for instance gave an excuse of having spent two years in court as a result of the matter while another also indicated that he was now retirement.

Mr. Tuah-Yeboah, therefore prayed the court for a 30-day adjournment to enable the prosecution sort things out.

The oral application was not opposed by defence counsels and the court presided over by Justice Kwasi Anokye Gyimah, adjourned the trial to June 7, 2023, for case management conference.

Dr. Opuni and private businessman, Seidu Agongo, are accused of causing over GH¢217 million financial loss to the state and have been on trial at an Accra High Court since March 2018, charged with 27 offences.

The prosecution led by the Director of Public Prosecutions (DPP), Yvonne Atakora Obuobisa, called seven witnesses to prove the charges against the accused persons who were extensively cross-examined by defense lawyers, some spanning about six months.

The prosecution closed its case on March 30, 2021 and Dr. Opuni has since opened his defence and called seven out of the eleven witnesses he intended to rely on to prove his innocence.

But the case had to be reassigned to another Judge following the retirement of Justice of Honyenuga (rtd.) and the expiration of the six months extension granted him by the Chief Justice in accordance with the 1992 Constitution.

Justice Gyimah in a ruling on whether to adopt the old proceedings or start the trial afresh had held that it would be unfair for the court to ignore the allegations made against the previous Judge and adopt the previous proceedings as they were.

He said the law requires fairness towards an accused person and the principle of presumption of innocence until proven guilty should not be overlooked by the court.

The Judge also pointed out that in order for the court to have a first-hand information in the trial and pay attention to the demeanour of witnesses, the court will start the trial from scratch.

Appeal

The Attorney General, Godfred Yeboah Dame, has appealed the decision of the trial court, arguing that the Judge misdirected himself in the application of the principles regarding the adoption of evidence in a trial.

He argues, among other things that the trial Judge “in relying on irrelevant factors already disposed of by Superior Courts, unfairly gave the accused persons a second bite at the cherry.”

“The decision of the court to start the trial de novo (afresh) has occasioned a miscarriage of justice as it will hinder an efficient trial of the accused persons in the instant case,” the AG avers.

Again, the notice of appeal also argues that the ruling of the court was contrary to the principles of fair trial contained in article 19 of the 1992 Constitution and as decided by the Supreme Court in the Republic.

It is therefore, asking for an order setting aside the ruling directing that the trial be started afresh an order that the evidence led at the trial so far be adopted by the trial Judge.