Lead Counsel for James Gyakye Quayson, Tsatsu Tsikata, says the Minister for Justice and Attorney-General (A-G), Godfred Yeboah Dame, is the only government chief adviser he has seen in his 57 years of law practice making prejudicial comments about a case pending before court.
He told a Criminal Division of the Accra High Court yesterday that Mr Dame’s conduct infringes upon the etiquette rules of the legal profession.
Mr Tsikata, had earlier on Tuesday, this week, complained to the court, presided over by Justice Mary Maame Ekue Yanzuh, about certain insulting comments allegedly made by Mr Dame, about his client on Friday, June 16, 2023.
Arguing for the adoption of a supplementary affidavit, filed in support of a motion, the Counsel said the affidavit indicates clearly a pattern and of comments made by the A-G, which turn to prejudice criminal case pending before the court.
According to him, their application points out the trend in which Mr Dame has made prejudicial statements with regards to the instant case and others, within and outside of the court, by granting interviews to the press.
He also accused Mr. Dame of making similar comments about the trial of Dr. Stephen Kwabena Opuni and others.
The Counsel said the A-G took advantage of the Supreme Court decision to make pronouncements on the Abu Sakande case to prejudice the case pending before the court.
Mr Godfred Dame, however, told the court that he would not respond to those accusations, but proceeded to make his argument on the application for the adoption of the supplementary affidavit by the latter.
Arguments
The A-G argued against the application, based on two preliminary objections. Thus, Mr Tsikata ought to seek leave of the court to file the supplementary application and also that the application contains absolutely unconnected and irrelevant materials to the matters before the court.
He said the affidavit is making allegation about a comment he made that the accused will suffer the same fate as Abu Sakande, meanwhile those issues raised were in connection to a civil matter and has nothing to with a criminal proceedings.
But Mr Tsatsu rebutted that there was no basis in law for the so called objection raised by the AG about the supplementary affidavit.
The court, however, held that despite the fact that the supplementary affidavit was filed without leave, it will be adopted and dismissed the preliminary objections raised the A-G.
Motion for variation of day-to-day trial
Continuing, Mr. Dame said the prosecution opposed to the application as it is completely unmeritorious and went ahead to correct an erroneous misconception that he chose the dates that the trial to be heard on, and “that I insisted that the case be heard on those dates. I only prayed that the case be heard on daily basis.”
He added that the conduct and the hearing of a criminal matter as well as adjournment of a case are entirely at the discretion of the court, regulated by Section 168 and 169 of Act 30.
The A-G said right to fair trial is stipulated in Article 19 of the 1992 Constitution, hence fair trial includes trial conducted within a reasonable time.
“The day-to-day hearing of a criminal case is a constitutional demand, which has been reinforced by the Supreme Court in the Eugene Baffoe-Bonney case. If he (accused) is fortunate to get a day-to-day trial, why is he complaining,” he added.
He said the application by the accused is unknown to the rules and procedure of court, therefore, “his motion is totally incompetent. If the court should grant this application it will be encouraging discrimination in our court.”
Mr Dame added that the accused has no national assignment to contest in the parliamentary election, as when one offers himself to join a political party or contest election has nothing to do with national assignment.
“I insist that offering yourself for election is a personal matter until you have been elected.
The court also adjourned the ruling on whether the case should be put on hold to Friday, June 26, 2023.
Adjourning the hearing, the court also granted an oral application by the accused to dispense his presence on Friday, as the business for the day is for ruling on the application.
