Godfred Yeboah Dame, the attorney general, has appealed the Accra High Court's decision to reopen the trial of Dr. Stephen Opuni and Seidu Agongo, the former CEO of the Ghana Cocoa Board (COCOBOD), on the grounds that it violates the principles of a fair trial.
In a notice of appeal submitted to the Court of Appeal, Mr. Dame claims that the trial judge, Justice Kwasi Anokye Gyimah, applied the rules for the admissibility of evidence improperly.
Dr. Opuni and private businessman Seidu Agongo have been on trial at an Accra High Court since March 2018, accused of 27 charges, and are suspected of causing the state to lose more than GH217 million in money.
Seven witnesses were brought by the prosecution, which was headed by Director of Public Prosecutions (DPP) Yvonne Atakora Obuobisa, to substantiate the claims against the defendants. The witnesses were subjected to intensive cross-examination by defense attorneys, some of which lasted for almost six months.
On March 30, 2021, the prosecution finished its case. Since then, Dr. Opuni has started his defense and called seven of the eleven witnesses he planned to use to demonstrate his innocence.
However, the case had to be transferred to a new judge after Justice Honyenuga (rtd) retired and the 1992 Constitution's six-month extension given to him by the Chief Justice expired.
When deciding whether to continue with the existing trial procedures or to begin over, Justice Gyimah ruled that it would be unjust for the court to disregard the accusations made against the prior judge and continue with the old trial procedures as they were.
According to him, the law demands that a defendant be treated fairly, and the court shouldn't ignore the assumption of innocence unless proven guilty.
The judge also noted that the trial would begin over so that the court would have first-hand knowledge of the proceedings and could pay close attention to the witness's behavior.
When deciding whether to continue with the existing trial procedures or to begin over, Justice Gyimah ruled that it would be unjust for the court to disregard the accusations made against the prior judge and continue with the old trial procedures as they were.
According to him, the law demands that a defendant be treated fairly, and the court shouldn't ignore the assumption of innocence unless proven guilty.
The judge also noted that the trial would begin over so that the court would have first-hand knowledge of the proceedings and could pay close attention to the witness's behavior.
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