The embattled Police Planning Officer at United Nations Mission Support for Justice Reform (MINUJUSTH), Assistant Commissioner of Police (ACP) Dr. Benjamin Agordzor, has run for cover at the Court of Appeal.
ACP Dr. Agordzo, who is currently standing trial with nine others, including a Medical Doctor and senior military officer on abetment, treason and high treason charges, filed the motion at the Court of Appeal on August 15, 2022.
The senior police officer is appealing against a ruling by a High Court, presided over by three justices – Mrs. Afia Serwaa Asare-Botwe, Mrs. Hafisata Amalboba, and Mr. Stephen Opong – on a no case to answer application, dated July 25, 2022.
In the instant application, Dr. Agordzo’s counsel, led by Martin Luther Kpabu, argued that the trial court misdirected itself or erred in law, when it ordered the accused/appellant (Dr. Agordzo) to open his defence, when no prima facie case had been established against him.
Per the appeal, hitherto to the ruling of the trial court that the law demands Dr. Agordzo to offer evidence to explain bare allegations made by the prosecution, “the law is that the trial court is under a mandatory duty, under section 173 of Act 30, establish, first and foremost, whether sufficient evidence had been led to establish the elements of the charges against the accused, before calling on accused to open his defence.”
Making particular reference to pages 33 and 34 of the July 25 ruling, the appeal stated that the High Court erred in the administration of justice, when it merely depended on “questionable” allegations made by the prosecution witnesses to order the senior police officer to open his defence.
“Contrary to the approach adopted by the trial court of merely quoting the narrations contained in the evidence-in-chief of the prosecution witnesses, which had been discredited in cross-examination, the law is that the mere repetition of the unsubstantiated allegation of prosecution witnesses was not sufficient to discharge the mandatory duty imposed on the trial court under sections 173 and 174 of Act 30 to determine on the evidence that … all the elements of the offence …have been proved, …[and] also that the evidence adduced should be reliable and should not have been so discredited in cross-examination that no reasonable tribunal can safely convict on it.”
Further argument weighed into the appeal is that the trial court misapplied the Court of Appeal decision in “The Republic V Aaron Kwesi Kaitoo (Suit No H2/25/2017, 26 April, 2018).”
It further added that the trial court also misapplied the principles espoused in the binding decision of “The State V Ali Kassena [1962] I GLR 144 and Asamoah V R [201 7-2018] SCLRG 486, which held that where there had been no evidence to prove an essential element in the crime…; or where the evidence adduced by the prosecution had been so discredited as a result of cross-examination etc; the court ought not call on accused to open his defence.”
In the nutshell, the appealed argued that the trial court erred in law, when it failed to refer to article 3(3)(b) of the 1992 Constitution to the Supreme Court for interpretation.
“Contrary to the trial court’s reliance on section 20 of the Criminal Offences Act, 1960 (Act 29) to interpret article 3(3)(b) of the Constitution (1992), the law is that in any proceedings in a court other than the Supreme Court, where an issue that relates to a matter or question of interpretation arises, that court shall refer the question of law to the Supreme Court for determination.”
It is, therefore, the case of the lawyers that the ruling and consequential orders were unsupportable, having regard to the evidence on record.
The other persons standing trial with Dr. Agordzo are Dr. Frederick Mac-Palm (A2), Donya Kafui @ Ezor (A2), Bright Alan D. Ofosu (A3), Johannes Zikpi (A4), Col Samuel K. Gameli (A5), WO1 Esther S Dekuwine (A6), Cpl Seidu Abubakar (A7), Lac Ali Solomon (A8), and Cpl Sylvester Akanpewon (A9).
Dr. Agordzo (A10) was accused of abetting an attempt overthrow of the Akufo-Addo government.
All the 10 accused persons are expected to open their defence from October this year.
