THE Attorney-General’s Department has urged the High Court in Accra to dismiss an application seeking to stay proceedings in the alleged criminal trial of a former Executive Director of the National Service Authority (NSA), Gifty Oware-Mensah.
According to the prosecution, halting the trial would prejudice the case and undermine public interest in the timely administration of justice.
The submission was made in response to an appeal filed by the accused challenging the court’s January 20 directive ordering her to file a list of witnesses and their addresses ahead of the trial.
Principal State Attorney, Dufie Prempeh, told the court that the prosecution was ready to proceed and that granting a stay would unnecessarily delay the trial.
On February 10, counsel for the accused, Gary Nimako Marfo, filed an application for a stay of proceedings to allow the Court of Appeal to determine constitutional issues raised in the notice of appeal.
Moving the application before the court, presided over by Justice Audrey Kocuvie-Tay, Mr Marfo argued that the appeal raises serious constitutional questions that must be resolved before the trial proceeds.
He contended that the directive requiring the defence to disclose its witnesses could undermine the constitutional presumption of innocence guaranteed under Article 19 (2) (c) of the 1992 Constitution of Ghana.
Mr Marfo maintained that failure to determine the appeal first could result in a miscarriage of justice, and therefore, urged the court to exercise its discretion in favour of the accused by staying proceedings.
However, Mrs Prempeh opposed the application, arguing that the court’s directive was consistent with established case management and disclosure procedures intended to ensure an orderly and efficient trial.
She noted that the order was made in compliance with the 1992 Constitution of Ghana, the Criminal and Other Offences Act, 1960 (Act 30), and the Practice Direction on Case Management and Disclosure adopted in 2018.
She further argued that a stay of proceedings should only be granted under exceptional circumstances, not merely because a party disagrees with a procedural ruling.
The court adjourned the case to March 23 for its ruling on the application.
BY MALIK SULLEMANA
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