The Minister of Justice and Attorney-General, Godfred Dame has said that in his view, where proceedings in a criminal trial are far advanced, the proper thing is for evidence to be adopted and not the entire process restarted.
His comment comes after the Court of Appeal in a unanimous decision ruled to overturn the decision by an Accra High Court to restart the trial of former Chief Executive Officer of the Ghana Cocoa Board, Dr Stephen Opuni.
Presiding judge Kwasi Anokye Gyimah, who had taken over from retired Justice Clemence Honyenugah, had held that it would be unfair to continue with the case after five years since it was fraught with numerous allegations.
Speaking to journalists on Monday July 3, Mr Dame said “My respectful view is that where the proceedings are far advanced, where the parties have led evidence and indeed enormous expense and inconvenience subjected to any of the parties by another for the trial to start, the proper thing is for the evidence to be adopted.
“What is there to fear? If a party conducts his case very well and he feels that yes evidence that has been led is sufficient to warrant either a conviction or acquittal, the proceedings ought to be adopted.”
Are you going to work towards this particular aspect of the criminal process being made into law? He was asked.
In answer, he said “That is something that I have already taken steps to do. Today, I have already initiated the bill for amendments to the various parts of the Criminal Procedure Act of Ghana.
“The bill has already gone through the Judicial Council, the Judicial Council has considered it and then has actually okayed it. It makes provision for the adoption of evidence in clear terms by a trial court, it makes provision for reforms of the juries, it makes provision for trial day-to-day which is actually the norm.”
Regarding the case against Dr Opuni, the Attorney-General filed an appeal challenging the decision of the High Court.
He cited that it was against the tenets of a fair trial to have the case start afresh.
On Monday, July 3, the Court of Appeal overturned the decision, granting the application sought by the Attorney-General.
Already, Justice Gyimah, who is described by many who encountered him as tough and principled, has been replaced by Justice Aboagye Tandoh of the Winneba High Court.
Dr Opuni and businessman Seidu Agongo are facing trial for allegedly causing financial loss worth over GH¢217 million to the state.