State Prosecutors from the Office of the Attorney General in the ongoing trial of Alhaji Collins Dauda, a former Minister of Water Resources, Works and Housing, have incurred the wrath of the presiding judge, Justice Ernest Owusu-Dapaa, over an attempted delay in prosecuting the case.
The Prosecution had sought an adjournment for next week as its second witness, an officer of the Ministry, was said to be traveling out of the jurisdiction for a national assignment.
However, the Court stated it would not tolerate any further delays in the ongoing trial, as had occurred when the first prosecution witness took the stand and was allowed to travel at will while in the witness box.
Justice Ernest Owusu-Dapaa, a Justice of the Court of Appeal sitting as an additional High Court judge, warned, “If you (Prosecution) don’t want to prosecute, take the case from the court.”
The Court expressed dissatisfaction with the prosecution, led by Ms. Hilda Craig, a Principal State Attorney, over the request that their second witness, Eric Amankwa Junior, would be out of the jurisdiction for the entire next week.
The Principal State Attorney explained that as an officer of the Ministry, he had work schedules to execute, and part of his duties required him to be out of the jurisdiction next week.
Justice Owusu-Dapaa recounted how similar adjournments were taken when the prosecution’s first witness, Rev. Stephen Yaw Osei, the current Chief Director of the Ministry of Works and Housing, was in the box, delaying the trial.
The Court declared it would not entertain any more such delays as had occurred with the first witness. “Next week, he (the witness) has to be available in this Court,” the Court said, adding, “I am going to make an order if he (the second prosecution witness) is not in court, the Court will act,” Justice Owusu-Dapaa warned.
The Court emphasized, “This case cannot be suffering the kind of adjournments” that happened during the testimony of the first witness.
While referencing Article 19 of the 1992 Constitution, the Court pointed to the presumption of innocence of the accused.
“This adjournment is occasioned by the request of prosecution to put its house in order in respect to documents that are supposed to accompany certain letters PW2 seeks to tender,” the Court said.
Justice Owusu-Dapaa has adjourned the case to July 2, 2024.
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