The High Court in Accra has adjourned the trial of Mr. James Gyakye Quayson and is awaiting a High Court date to hear the Certiorari application filed by Mr. Tsatsu Tsikata, his lawyer.
Mr. Tsikata told the court presided over by Justice Mary Maame Ekue Yanzuh that the accused person had filed a Certiorari application at the Supreme Court to set aside the decision of the Supreme Court on some parts of the testimony of Mr. Richard Takyi-Mensah, a teacher.
The High Court rejected Mr Tsikata's objection to the production of the witness statement, saying that Mr Takyi-Mensah was not personally familiar with the issue raised in the statement.
However, the court thought otherwise when it stated that the witness was presumed to have the knowledge stated in the witness statement.
The court then said that whether a witness had personal knowledge of the matter could be determined through cross-examination, but Mr Tsikata disagreed.
Counsel for the accused person said the application was made on Monday 18 July 2022 after they managed to obtain a corrected version of the judgement.
He said they would submit the given date but the Supreme Court Registrar said they were waiting for the hearing date from the Chief Justice.
He said the request was significant not only with regard to Mr Takyi-Mensah's witness statement but also other witnesses to testify.
Mr. Tsikata said they are therefore asking the Court to wait for the decision on the appeal at the Supreme Court in the matter, especially so that there is no prejudice against the accused person.
Ms Yvonne Atakora Obuobisa, the Director of Public Prosecutions (DPP), said in view of the application that the prosecution may have to wait until the matter is decided by the Supreme Court.
She told the court that the prosecution has not even seen a copy of the application but is still awaiting a date for her understanding and it is not clear when the copies will be ready for delivery.
Granting the request, the judge said that Mr. Tsikata had not presented any evidence to the Court, but the Court would take his word for it
The case was adjourned to October 18, 2022.
The Assin North MP is facing charges of defrauding a public servant and forging passport or travel certificates.
He pleaded not guilty to all five charges and was granted bail of GHS 100,000 with a surety to be posted.
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