March 22, 2019

State files affidavit in opposition to stay in Opuni’s trial

State files affidavit in opposition to stay in Opuni’s trial Dr. Stephen Kwabena Opuni

State Attorneys on Wednesday said at the trial involving Dr. Stephen Opuni and one other that it has filed an affidavit in opposition to a motion to stay proceedings pending an interlocutory appeal at the Court of Appeal.

The motion was filed by Mr Benson Nutsukpui, the lawyer for Mr Seidu Agongo Chief Executive Officer of Agricult Ghana, second accused, on the court’s ruling on tendering of a document through the prosecution witness.

Mrs Yvonne Attakora-Obuobisa, the Director of Public Prosecutions representing the State told the court that the state filed an affidavit in opposition on March 5, 2019, however, the court got its copy only on Wednesday morning.

lawyers for both accused Mr Samuel Cudjoe and Mr Nutsukpui told the court that they are yet to be served with the state’s opposition, whilst lawyer for Dr Opuni said they had also filed an affidavit in support of the motion for a stay.

On Monday, February 25, the court upheld an objection raised by the prosecution in the case involving Dr Stephen Opuni, the former Chief Executive Officer of COCOBOD and one other for documents to be tendered through its witness.

The document they sought to tender through the prosecution witness is a committee’s report and attachment filed on the orders of the Court after a committee set up by COCOBOD to investigate the circumstance that resulted in some pages missing from documents filed in the case.

The court presided over by Justice Clemence Honyenugah, an Appeal Court Judge sitting as an additional High Court Judge said upon hearing objection for and against tendering of the documents, he was of the view that the counsel for the accused person should have applied for an order to compel the authors of the said document to appear in court and subject them to scrutiny.

Dr Opuni and Mr Agongo are facing 27 charges, including defrauding by false pretences, wilfully causing financial loss to the state, money laundering, corruption by a public officer and contravention of the Public Procurement Act.

They have both pleaded not guilty to the charges and are on a GH¢300,000.00 each self-recognisance bail.

The Court adjourned the case to Monday, March 18 to hear the motion.

 

By: GNA

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