The High Court in Accra on Tuesday continued with the trial of the GH¢217 million financial loss case, involving Dr Stephen Kwabena Opuni, former Chief Executive officer of COCOBOD, and two others.
“Having examined the proceedings and satisfied with its content, I have no doubt than to continue with the trail and direct the defence witness seven to be in the dock for the continuation of the cross-examination by counsel for second and third accused persons,” the presiding judge, Justice Aboagye Tandoh, explained.
The Court of Appeal in its decision on the case involving Dr Opuni and two others, has ordered the High Court to adopt the proceedings.
Justice Tandoh said, “It is a duty of the court to adopt proceedings, which duty I exercised to deal with challenges that may occurred during the trial.”
The court said despite the absence of the seventh witness, because the first accused and other witnesses are available, all the parties should prepare their witnesses for efficient trial.
The seventh witness was in the box for cross examination by counsel for the second and third accused.
The Attorney-General (A-G) and Minister of Justice, Godfred Dame, has appealed against the decision by the Accra High Court to start afresh the trial of Dr Opuni together with Mr Seidu Agongo, the Managing Director of Agricult Ghana Limited, in a fertiliser deal.
In a ruling on April 4, Justice Gyimah, High Court judge, who took over from Justice Honyenuga, stated that he would conduct fresh proceedings into the case.
Justice Gyimah said he did not want to be saddled with the suspicions and allegations associated with the case.
But, the A-G said that the trial judge erred in forming that opinion because the Supreme Court had already dealt with the issue of allegations and suspicions.
The A-G said “the learned trial judge exercised his discretion wrongly in arriving at a conclusion that he will be saddled with the same suspicions and allegations of unfairness levelled against the current state of proceedings, which have already been dealt with by the Supreme Court.”
Dr Opuni and two others are facing 27 counts of defrauding by false pretences, willfully causing financial loss to the state, money laundering and corruption by public officers in contravention of the Public Procurement Act.
They are accused of causing financial loss of over GH¢217 million. The accused have denied the charges and are on GH¢300,000 self-recognisance bail each.
BY LAWRENCE VOMAFA- AKPALU & SONNY
SEYRAM QUARTEY