Lawyers of Patience Botwe, the 18-year-old former housemaid of Cecilia Abena Dapaah have filed a motion at the High Court for an order demanding from the Office of the Special Prosecutor (OSP) all investigation documents.
The motion filed on Tuesday, June 11, 2024, led to the adjournment of Tuesday’s Court sitting, where Daniel Osei Kufuor was expected to face further cross-examination.
Counsel for Patience Botwe, the first accused person, told the Criminal Division of the High Court in Accra that, the motion for an order of the Court to procure the documents from the OSP will “enable us effectively cross-examined” the husband of the former minister, Daniel Osei Kufuor.
“We filed a motion (on Wednesday, June 12) with a return date of June 27 for an order of this honourable court to procure documents from the Office of the Special Prosecutor to enable us to effectively cross-examine the current witness as well as others listed in this matter,” Komivi Dzortsi told the Court.
“We, therefore, humbly pray for the Honourable Court to indulge us with an adjournment to enable us to deal with the motion and procure the documents,” Counsel for Patience Botwe added.
Justice Marie-Louise Simmons, the trial judge said the Court would indulge counsel on the date for which the motion had been fixed to be moved but would consider whether cross-examination can be conducted by other lawyers in order not to delay the trial.
“I have listened to the submissions made by Counsel for A1 (First Accused- Patience Botwe) and knowing that he is still conducting cross-examination of PW1 (Daniel Osei Kufuor), I will oblige him the date,” Justice Simmons said.
She added, “In order not to waste the date of this trial, the court will consider whether cross-examination can be conducted by other Counsel while waiting for A1’s (Patience Botwe) Counsel to procure whatever documents he needs to conduct a further cross-examination.”
Documents being sought
Per the affidavit in support of the motion filed for an order directing the OSP to bring the investigation cautioned statements, interviews, and interrogations of Madam Cecilia Dapaah and Daniel Osei Kufuor to the Court pursuant to Article 19(2)(e) and (g) and under the inherent jurisdiction stated that it would be moved on June 27.
The first accused is asking for “an order directed at the Office of the Special Prosecutor to bring all investigation caution statements, interviews, interrogations of, Madam Cecilia Dapaah and Mr Daniel Osei Kufour to enable counsel for 1st accused cross-examine the herein mentioned persons on it.”
The antecedents for which they seek those documents are that “Madam Cecilia Dapaah and Mr Daniel Osei Kufour were at the Office of the Special Prosecutor and investigation caution statements were taken from them in respect of this matter.”
They also stated that the couple “were interviewed and interrogated in respect of the alleged monies that they have stated in their witness statements that 1st Accused stole from their property at Abelenkpe.”
They also said, “the Office of the Special Prosecutor has through the media given out information that Madam Cecilia Dapaah and Mr. Daniel Kufour were not able to adduce evidence to prove that the amounts stated in their witness statements belonged to Madam Cecilia Dapaah and Mr. Daniel Kufour.”
They believe that “information with the Office of the Special Prosecutor would assist the 1st accused to prosecute her case.”
Daniel Osei Kufuor, the first Prosecution Witness was present while the case was adjourned to June 18.
The Prosecution was represented by Christabel Selma Anafure, Assistant State Attorney was present.
Patience Botwe, 18, and Sarah Agyei, 30, together with Benjamin Sowah, Malik Dauda, Christiana Achab, Job Pomary, and Yahaya Sumaila have all denied the various charges pressed against them – ranging from Conspiracy to steal, stealing, dishonestly receiving, and money laundering.
Despite being granted bail, they have not been able to meet their respective bail conditions and are still in lawful custody.
The former Sanitation Minister and the husband are both witnesses in the ongoing trial.
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