Tsatsu Tsikata files a motion to overturn the High Court's decision against Gyakye Quayson, putting the case on hold.
Gyakye Quayson slapped with five criminal charges
Assin North MP pleads not guilty to criminal charges
Court adjourns sitting to October 18 for criminal case against MP
The counsel for the Member of Parliament for Assin North, James Gyakye Quayson, who is on trial for perjury, has requested a stay of proceedings.
Tsatsu Tsikata says the request is required by an application he filed at the Supreme Court on Monday.
He informed the court presided over by Justice Mary Maame Ekue Yanzuh that he had filed a certiorari application with the Supreme Court seeking to overturn a ruling issued by her.
On July 13, Justice Ekue Yanzuh dismissed an objection raised by lawyer Tsatsu Tsikata.
The lawyer for Gyakye Quayson objected to portions of Richard Takyi-statement, Mensah's claiming that the latter, the prosecution's first witness, does not have personal knowledge of some of the matters covered in his statement.
Tsatsu Tsikata, who was objecting to portions of the witness statement, asked the court to strike eight paragraphs.
After hearing arguments from both defense counsel and the prosecution, led by Director of Public Prosecution (DPP) Mrs Yvonne Atakora Obuobisa, the presiding judge denied lawyer Tsatsu Tsikata's objection.
The prosecution's first witness was expected to continue his testimony when the case was recalled on Wednesday.
Tsatsu Tsikata, on the other hand, informed the court about the application to quash an earlier decision by the same, despite his objection to the witness' statement.
"We requested an early hearing for the application and had hoped to show a copy of the application, but we were informed that the registry is waiting for the Chief Justice to provide a date for the hearing."
“In view of the application which is significant in respect of not only this particular witness but other witnesses that are scheduled to testify, we would respectfully request that the court await the determination of the Supreme Court on that matter, especially in order to avoid prejudice to the accused person by virtue of inadmissible testimony of a witness prejudicing a fair trial of this case as the constitution requires,” he told the court.
Despite not objecting to the request by the defense counsel, the prosecution expressed disappointment about the failure of the defense lawyer to serve them with a copy of the certiorari application or the date for hearing.
Mr Tsikata in response said despite his efforts to make the copy available, it is impossible at the material time as a result of processes of the Supreme Court.
“We are not in the position to bring it despite our efforts,” he stated.
The presiding judge therefore adjourned the case to October 18, 2022, stating, “You have not shown me anything but I will take your word for it.”
Background
James Gyakye Quayson is standing trial on accusation of perjury.
The NDC MP is facing five charges for allegedly misleading the Electoral Commission to clear him to contest in the 2020 Assin North Parliamentary elections.
He has pleaded not guilty to all charges and has been granted a GHC100,000 bail.
It is the case of the prosecution that the Assin North MP willfully presented himself as not bearing allegiance to another country while he possessed a Canadian passport as of the time of filing his nomination.
Meanwhile, a Cape Coast High Court has ruled against Gyakye Quayson in a case in which his eligibility to contest in the 2020 election was challenged.
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