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Justice Clemence Jackson Honyenuga, the judge in the trial of former COCOBOD boss and two others, stunned the court again when he directed a sick witness to report to court irrespective of his health condition.
The first defence witness, Mr. Charles Tetteh Dodoo, had presented a two-week excuse duty notice endorsed by a specialist at the 37 Military Hospital to the court on Monday. This was to enable the former Director of Finance at COCOBOD to take time and treat a problem with his spine.
But Justice Honyenuga felt the excuse duty will further delay the case he is yearning to dispose of after four years of trial.
He therefore indicated that whether the witness recovers within the two weeks period or not, he should appear before him next week.
“As I stated in one of my rulings, I will not tolerate any delay in a four-year old criminal trial. In the next adjourned date if DW1 (first defence witness) does not appear, this court will take further steps to make sure that this case proceeds,” Justice Honyenuga warned.
Mr. Dodoo has been testifying on behalf of former COCOBOD Chief Executive Dr. Stephen Opuni who is being tried together with businessman Seidu Agongo.
The witness was to continue his cross-examination led by counsel for Seidu Agongo, but the lead counsel for Dr. Opuni, Samuel Codjoe informed the court that the witness would not be available for a couple of days on health grounds.
“I must add that in the course of the trial, he has been complaining of not being well. He said he has a spinal problem,” he said and handed to the court the excuse duty notice that was sent to him by the witness.
When asked if the witness was on admission, the lawyer said no but told the court “he said he will be going for physiotherapy”.
Obviously not happy about the turn of events, Chief State Attorney Evelyn Keelson said for the prosecution, “we have no difficulty except that the excuse duty only states the ailment and duration.”
She wanted further and better particulars because information on the excuse duty, she said, was “scanty” as the doctors only ticked two weeks and circled lumbar disorder on the sheet.
Lawyer Nutifafa Nutsukpui, who was to cross examine the witness, prayed the witness recovers in good time for him to continue his cross examination to prove the innocence of his clients.
Justice Honyenuga therefore ruled on the excuse duty notice:
“By court, it is very unfortunate that DW1 is unwell and therefore the court cannot continue today. Indeed the excuse duty is very scanty and I must say that it is trite that an expert’s evidence is not binding on the court, but I will give DW1 the benefit of doubt. As I stated in one of my rulings, I will not tolerate any delays in a four year old criminal trial. In the next adjourned date if DW1 does not appear, this court will take further steps to make sure that this case proceeds.
“So the two weeks starts from the Thursday 25th March. So consequently this case stands adjourned to the 8th April, 2022 at 10am for continuation.”
The former COCOBOD Chief Executive, Dr. Stephen Opuni and businessman Seidu Agongo as well as Agricult Ghana Limited, are facing over 25 charges, including defrauding by false pretences, willfully causing financial loss to the state, corruption by public officers and contravention of the Public Procurement Act.
They have pleaded not guilty to the charges and are on a GH¢300,000.00 self-recognizance bail each.
