An Accra High Court has dismissed an application filed by lawyers of the National Chairman of the NDC, Samuel Ofosu Ampofo, as he seeks a stay of proceedings on his trial.
Justice Samuel Asiedu in his ruling said the application does not border on issues of law that will compel the court to hold on with trial.
In their submission, counsel for Samuel Ofosu Ampofo intimated that the court could not go ahead with trial since they have an intention of filing an appeal at the Court of Appeal.
The appeal is necessitated by the High Court’s decision to accept a witness statement, which lawyers of the accused consider inappropriate.
According to them, the witness, Benjamin Osei Ampofo Agyei, denied the statement even though he acknowledged the signature was his.
Tony Lithur, the lawyer for Samuel Ofosu Ampofo, argued that it is against due process for the witness to testify in a particular manner, adding it is against fair trial for the accused.
He said the rules of the court indicate that before a witness statement is tendered in evidence, both parties had to agree before the court accepts it.
But prosecution led by Chief State Attorney Asiamah Sampong opposed the application, arguing that the witness not seeing the statement before does not mean he rejected it.
He added that the applicant did not oppose the witness statement at the case management conference, stressing that the rejection should have been done at that level not after.
He told the court to allow the witness to continue with his evidence-in-chief if not it will amount to violation of fair trial.
In dismissing the application to stay proceedings, Justice Samuel Asiedu explained that if the application is granted it will unnecessarily delay the trial.
The first prosecution witness, Benjamin Osei Ampofo Adjei, a broadcast journalist with Accra-based Adom FM, in his first appearance in court had denied his witness statement which was presented by prosecution.
Tony Lithur rejected the statement to be tendered in evidence but the court upheld the decision of prosecution.
By Godfred Tanam|3news.com|Ghana