The Criminal Court 3 of the Accra High Court has served a notice of caution to the Member of Parliament for Assin North, James Gyakye Quayson that it will conduct his trial in his absence if he fails to show up in the next hearing.
James Gyakye Quayson has been charged with five counts of deceit of a public officer, forgery of a passport, knowingly making a false statutory declaration, perjury, and false declaration prior to the Parliamentary elections in 2020.
Lawyers for the Assin North MP and the legislator were all absent when the case was called on Friday, November 3. Presiding judge, Mary Yanzuh noted that one of the counsels for the MP, Justin Teriwajah wrote a letter to the court proposing a postponement of the trial to November 17 citing that lead counsel, Tsatsu Tsikata would be absent during the next adjourned date.
“Per the letter, he has not shown that he has a reasonable excuse to be absent from court today.
The court finds the attitude of counsel as disrespectful and unbecoming of a lawyer.”
Speaking on the absence of the Assin North Member of Parliament, Justice Mary Yanzuh indicated that if he fails to show up on the next adjourned date, he will be tried in absentia.
“To worsen matters, the accused person is absent and no excuse has been offered for his absence. The court had been previously informed that the accused was unwell and was receiving medical treatment in Canada. However, no evidence or whatsoever was presented to the court in that regard,” Justice Yanzuh told the court.
“If counsels for the accused fails to show up for the cross examination on the next adjourned date, the court will close their cross examination and the prosecution would be made to call its next witness.
If at the next date the accused fails to show up in court or join the proceedings virtually, the court will conduct the case in absentia. The court will not countenance undue delays in this trial.
The link for the virtual court was made available to Mr. Teriwajah through the email address he provided,” she added.
The Prosecution led by Director of Public Prosecution, Yvonne Atakora Obuobisa, told the court that their next witness was not ready but the judge cautioned that if the prosecution fails to produce witness at the next adjourned date, the court will take a further decision.
This will be the second time a superior court is cautioning James Gyakye Quayson regarding his conduct.
In July, the Chief Justice, Gertrude Torkonoo described his conduct as irregular and added that it should not be encouraged.
According to the Chief Justice he more often than not fails to show up and directs his lawyers to file and swear to statements on his behalf.
“He doesn’t treat this court properly. He engages this court, and he refuses to appear. When you ask the court to exercise discretion, you must treat the court properly” she noted while presiding over a five-member panel to hear a case filed by the Assin North MP.
The case has been adjourned to Thursday, November 9 for cross-examination of the prosecution’s witness to be done.