An Accra High Court has set July 11, 2023, to decide whether or not to stay the trial of Member of Parliament for Assin North, James Gyakye Quayson, who is facing charges including perjury and deceit.
His counsel yesterday moved an application for stay of proceedings pending the determination of an appeal at the Court Appeal against the decision of the trial court to hear the case on day-to-day basis.
Mr. Quayson has been charged, among others, for deceiving the Ministry of Foreign Affairs by making a false statement that he did not have a dual citizenship in order to acquire a Ghanaian passport.
He has been charged with five counts of deceit of public officer, forgery of passport of travel certificate, knowingly making a false statutory statement, perjury and false declaration of office.
Mr. Quayson, who was booted out of Parliament by the Supreme Court, could be sent to prison for up to ten years if found guilty of perjury, a second degree felony, as the prosecution pushes to establish his guilt.
The trial court presided over by Justice Mary Yanzuh on June 16, 2023, ruled that it would from June 20, 2023, hear the case on daily basis following a request by the Attorney General and Minister for Justice, Godfred Yeboah Dame.
But lawyers for Mr. Quayson filed a review motion asking the court to reconsider the decision, particularly urging the court to adjourn the case to days that do not include June 22 and 23 to allow him adequate time to prepare for the Assin North by-election, which he won.
The court, in its ruling, turned down the motion indicating that adjournments are at the discretion of the court and not the convenience of parties, and that its decision was clearly within the law and no case had been made to show that the order was contrary to law.
It is this ruling that lawyers for Mr. Quayson are challenging at the Court of Appeal, and subsequently filed an application for stay of the trial pending the determination of the appeal.
Moving the motion yesterday, Tsatsu Tsikata, lead counsel for Mr. Quayson indicated that a refusal by the court to stay the trial would convey the impression it has predetermined the outcome of the appeal.
He said there is an exceptional circumstance for the court to stay proceedings pending the determination of the appeal, especially when the decision could lead to an innocent person being unjustly tried.
He added that the court continuing to hear the case would prejudge the issues of the right of fair trial, right to be presumed innocent, as well as the limit on discretionary power that are part of the appeal.
Mr. Tsikata, in making his case, played an audio in which President Akufo-Addo made alleged prejudicial comments at a campaign ground about Mr. Quayson in the build up to the June 27 by-election in Assin North.
He argued that the comment by the President violates the right of the accused person to fair trial.
AG Opposes
The application was opposed by Attorney General and Minister for Justice, Godfred Yeboah Dame, who argued that the application was grounded on irrelevant matters and distorted facts, grossly incompetent and ought to be dismissed.
He said the motion for variation filed by counsel for accused about the day-to-day trial made reference to the court not including June 22 and 23 to allow him adequate time to prepare for the by-election, hence it was unnecessary to file the appeal after June 23, 2023.
He added that the application for stay is a bundle of confusion grounded on distortion and must be rejected by the court.
Touching on the alleged prejudicial comment made by the President, Mr. Dame argued that it was completely unjust and an attempt to deliberately distort the fact by selecting only 15 seconds of the President’s speech which in any case does not amount to any prejudice against the accused.
It was the Attorney General’s view that the full video should have been played to give the court a proper context of the President’s comments.
Justice Mary Yanzuh adjourned the case to July 11, 2023, to give a ruling on the application.
NDC MPs
A number of opposition National Democratic Congress (NDC) Members of Parliament yesterday stormed the court to support their fellow MP.
The MPs followed through with the decision to boycott parliamentary business to support Mr. Quayson as well as Minority Leader, Dr. Cassiel Ato Forson, who is standing trial for causing financial loss to the state, and Alhaji Collins Dauda, who is also separately standing trial for his alleged role in the $200 million Saglemi Housing project scandal.
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