An Accra High Court hearing the case involving Dr Stephen Opuni and one other has dismissed an oral application by Counsel for Dr Opuni to stay proceedings pending the determination of two applications before the Supreme Court.
Mr Samuel Cudjoe, Counsel for Opuni, on Wednesday told the court that they had filed two applications, an application for special leave of the Supreme Court against the decision of the Appeals Court, and a motion for stay of proceedings at the Supreme Court.
The court presided over by Justice Clemence Honyenugah, an Appeals Court Judge sitting with additional responsibility as a High Court Judge described the oral application as frivolous and incompetent.
He said the appeal was calculated to delay the hearing of the case since the third prosecution witness has been in the witness box for months now.
He said counsel’s reference to the rules was flawed and irrelevant and the application could not amount to an automatic stay of the proceedings.
“You are seeking leave for the
application to be heard at the Supreme Court. That leave has not been granted
then you go ahead to stay proceedings.”
He dismissed the application saying since
the third prosecution witness was in the witness box, the proceedings would
continue.
Mr Cudjoe earlier in an oral application
told the court to hold on proceedings pending the determination of the two
applications filed before the Supreme Court.
He said as far as they had an application for
stay of proceedings pending before the Supreme Court and the stay of
proceedings was in relation to these particular proceedings, the court has to
wait for the decision of the highest court.
He argued that it was statutory as
provided in CI 19, 27 rule 2 which says that “once you apply for stay of
proceedings then that asks that the proceedings has to be stayed”.
“In the Supreme Court, the application we
have is special leave to appeal the position of the Appeals Court. That
application does not apply for stay. But once you file an application for stay
of proceedings pending the determination of that special leave, then
proceedings must be stayed for it to be determined before proceedings can
continue.”
“This is the normal practice, so a lower court
which is not in hierarchy with the Supreme Court has to wait for the
application of stay to be determined before it can continue. So far as the
application is pending it is our submission that the court cannot go ahead.”
Mr Cudjoe added that the court would be in
error if it went ahead with the hearing and by that interfere with the
application pending, that the effect of this was to restrain the court from
proceeding.
The Director of Public Prosecution, Mrs Yvonne
Attakora Obuobisa, opposed the application.
She argued that they had not been served,
saying even though they had not been served they were opposed to the
application and ask that the third prosecution witness who was in the box
should continue with the testimony which is under cross examination.
She said the view of the counsel was
completely erroneous as sections one and two of the CI 19 relates to appeals in
the Appeals Court and not the Supreme Court.
“The rule is not applicable at all to
this case. What he says he has filed is a motion to stay the proceedings.
Because he does not have the right of appeal. Until the motion for special
leave is determined and granted you cannot file a stay.”
The case was, however, adjourned to November 7
for continuation of cross-examination at the instance of Mr Cudjoe after he
asked for an adjournment, saying based on the application they were handicapped
and did not have all their files in court to continue today.
Dr Opuni and Mr Seidu Agogngo are facing 27
charges, including defrauding by false pretences, wilfully causing financial
loss to the state, money laundering, corruption by public officer and
contravention of the Public Procurement Act.
They pleaded not guilty to the charges and are on a
GH¢300,000.00 self-recognisance bail each.GNA
The post ?Opuni fails again to halt trial appeared first on Ghanaian Times.
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