An Accra High Court has adjourned the trial of Mr James Gyakye Quayson, awaiting a Supreme Court date to hear a Certiorari application filed by Mr Tsatsu Tsikata, his Counsel.
Mr Tsikata told the Court presided over by Justice Mary Maame Ekue Yanzuh that the accused person had filed Certiorari application at the Supreme Court to quash a ruling of the High Court in respect of some portions of the witness statement of Mr Richard Takyi-Mensah, a teacher.
The High Court overruled an objection raised by Mr Tsikata against tendering of the witness statement, saying that Mr Takyi-Mensah had no personal knowledge of the issue raised in the statement.
But the Court thought otherwise, indicating that it was presumed that the witness had knowledge as said in the witness statement.
The Court then said it could only be determined whether the witness had personal knowledge of the matter through cross-examination, but Mr Tsikata disagreed.
The Counsel for the accused person said the application was filed on Monday, July 18, 2022, after they were able to obtain the corrected version of the ruling.
He said they would have produced a given date, but the Registrar of the Supreme Court said they were awaiting a date for hearing from the Chief Justice.
He said the application was significant in respect not only to Mr Takyi-Mensah’s witness statement but also to subsequent witnesses scheduled to testify.
Mr Tsikata said they, therefore, request from the Court to await the determination of the application at the Supreme Court on the matter, especially in order not to prejudice against the accused person.
Mrs Yvonne Atakora Obuobisa, the Director of Public Prosecution (DPP), said in view of the application, the prosecution might have to take a date until the matter was determined by the Apex Court.
She told the Court that the prosecution had not even seen a copy of the application but for her understanding, it was still waiting for a date, and it was not clear when the copies would be ready for service.
The Judge, in granting the request, indicated that Mr Tsikata had not shown the Court any evidence but the Court would take his word for it
The Case has been adjourned to October 18, 2022.
The Assin North MP is facing counts of deceit of public officer and forgery of passport or travel certificates.
He has pleaded not guilty to all five charges and granted GHS100,000 bail with a surety to be justified.
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