The Accra High Court on Wednesday adjourned the trial involving Mr Samuel Ofosu Ampofo, Chairman of the National Democratic Congress (NDC) and Mr Anthony Kwaku Boahen, the Party’s Deputy Communications Director to February 11, 2020.
This was due to the fact that the prosecution failed to provide the Court with a copy of the audio recordings which was going to be used for the trial.
Justice Samuel K. Asiedu a Court of Appeal Judge sitting as a High Court Judge with additional responsibilities, in adjourning the trial said, it was partly because the Court had not been given copies of the audio which the Prosecution agreed to do so and to the counsel of the accused.
It would be recalled that on January 29, this year, the Prosecution tendered in evidence the audio recordings in the trial but it was not played because the Court did not have the necessary tools to play it, and the court asked the Prosecution to make available copies to the defense and adjourned the trial to today.
The Court also adopted the statement of Mr Benjamin Osei Adjei, the first prosecution witness’ who earlier denied the statement but admitted that the signature on it was his.
Mr Tony Lithur, Counsel for Mr Ofosu Ampofo, had earlier on Wednesday, told the Court that he had appealed against the Court’s decision of adopting the witness’ statement of the first Prosecution witness and has therefore filed an application to stay proceedings.
In pursuant of that, he prayed the Court to adjourn the trial to February 11, the return date on the application.
Mrs Yvonne Attakora Obuobisa, Director of Public Prosecutions, objected to the stay and said the Court should not stay proceedings because of the reasons by counsel, besides the prosecution was not aware of any such application.
She said the mere filing of an application to stay proceedings should not grant it.
For this reason, she urged the Court to continue with the trial instead of adjourning the proceedings.
However, Jusctice Asiedu said the Court has noticed that since the audio for trial was yet to be made available to the Court, “In view of this, I am tempted to accede to the request of Counsel because I do not have the audio recordings.”
He asked the Prosecution to make available to the Court its copy of the audio filed last Friday, as Prosecution had told the Court.
Mr Ampofo and Boahen have pleaded not guilty to conspiracy to cause harm and assault on public officers whilst Mr Boahen denied conspiring to cause harm.
They have both been granted a GH¢100,000.00 bail with a surety, each.