Call next witness or mount the box - Court orders Dr Opuni
The trial in which former Ghana Cocoa Board (COCOBOD) Chief Executive, Dr Stephen Kwabena Opuni, and two others have been accused of causing financial loss of more than GH¢271 million to the state will proceed with either Dr Opuni or his next available witness in the box tomorrow.
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This was contained in the ruling of Justice Aboagye Tandoh, the new judge who has been assigned to take over the case, which has been in court since 2018.
Justice Tandoh gave the ruling yesterday when he adopted the record of proceedings based on an order of the Court of Appeal in July this year.
Unavailability
Lawyer for Dr Opuni, Samuel Cudjoe, had told the Court that their seventh witness, who was expected to mount the witness box for cross-examination yesterday had travelled to England to attend his son’s graduation; hence, they were unable to call their witness.
He had earlier challenged the adoption of the previous records on grounds that it was incomplete while counsel for the second accused in the case had told the court that he had applied for the records but had not received a copy yet; hence, it would be impossible for him to continue the cross-examination.
But the state – led by a Principal State Attorney-- Stella Ohene Appiah, said since Dr Opuni had indicated he would be calling eight witnesses, including himself, the next available witness should be made to mount the box to prevent undue delay.
Ruling
In his ruling, Justice Tandoh — the third judge to take over the case — said since the trial had been going on for several years, every party had the likelihood of having the record of proceedings.
In view of that, he directed all parties to apply for the record of proceedings before deciding to finally adopt the records for the trial to continue.
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He further noted that the duty to adopt the proceedings was solely a duty of the court.
“I hold the view that the adoption is the sole duty of the court and they have been duly adopted,” Justice Tandoh said.
On the unavailability of the seventh defence witness, the presiding judge said there was no evidence before the court to ascertain whether or not he would be in the jurisdiction any time soon.
“Can we, therefore, suspend to await the witness whose availability is uncertain because counsel has not made any contact with him yet, the answer is in the negative.
“It is, therefore, important for all the parties to prepare their witnesses way ahead in order to ensure effective and efficient trial,” Justice Tandoh added calling on counsel for Dr Opuni to submit travel evidence of the seventh witness today.
He added that the trial would proceed with either Dr Opuni or the next available witness on Thursday, July 27, 2023.
Justice Tandoh noted that further dates for cross-examination of the seventh defence witness would be given on Monday, July 31, 2023.
Not guilty
Dr Opuni is standing trial with Seidu Agongo, Chief Executive Officer (CEO) of Agricult Ghana Limited, an agrochemical company.
State prosecutors have accused the two of causing a financial loss of more than GH¢271 million to the state in a series of lithovit foliar fertiliser transactions.
It is the case of the prosecution that the fertiliser was substandard, and has accused Agongo of allegedly using fraudulent means to sell the fertiliser to COCOBOD for onward distribution to cocoa farmers.
The prosecution has further accused Dr Opuni of using his position as CEO of COCOBOD (November 2013 to January 2017) to facilitate the alleged acts of Agongo by allowing the lithovit liquid fertiliser not to be tested and certified as required by law.
Dr Opuni and Agongo have pleaded not guilty to the charges, and are on self-recognisance bail in the sum of GH¢300,000 each.
Writer’s mail: justice.agbenorsi@graphic.com.gh
