An Accra High Court has dismissed an application filed by lawyers for Mr Kwabena Adu-Boahene, the former Director-General of the National Signals Bureau (NSB), for a stay of proceedings pending an appeal.
The application for stay concerned an earlier ruling by the Court denying the defence access to additional documents they indicated were material and exculpatory evidence to help them with their case.
The accused person, Adu Boahene, together with his wife and two others, is facing 11 charges, including stealing, money laundering of GH¢49.1 million in State funds, willfully causing financial loss to the State, conspiracy, collaboration to commit crime and abuse of public office, all to which they pleaded not guilty before the court.
Mr Samuel Atta-Akyea, Counsel for the accused persons, argued that without those documents, their clients could not get a fair trial and therefore asked the court to stay the ongoing criminal proceedings pending the appeal.
Dr Justice Srem-Sai, the Deputy Attorney-General, opposed the stay.
The State argued that the defence had not established exceptional circumstances for a stay of proceedings to be granted.
Dr Srem-Sai said the requested materials were either irrelevant or not held by the prosecution, points that underpinned the earlier refusal to order further disclosure.
Meanwhile, Dr Dominic Ayine, Attorney-General and Minister of Justice, has withdrawn charges against Mildred Donkor, the third accused, under Section 59 of Act 30.
This is to enable the AG to present Madam Donkor to the Court as one of its prosecution witnesses.
However, presiding judge Justice John Nyadu Nyante overruled the objection, noting that the Attorney-General, as the constitutionally empowered prosecuting authority, does not require the court’s consent to exercise discretion to withdraw charges.
“And to do so, in the opinion of this court, a notice of withdrawal suffices.
Regarding the amendment consequent to the withdrawal, this court is inclined to think that the A-G has thoroughly perused the processes filed and knows what to have struck out within the processes in conformity with his decision to withdraw the third accused person from prosecution,” the presiding judge stated in his bench ruling on the objection raised by Akyea.
