The doctor of the New Patriotic Party (NPP) Member of Parliament(MP) for Assin Central, Mr Kennedy Ohene Agyapong, has justified issuing a medical excuse duty that exempted the MP from contempt of court proceedings for 14 days.
Doctor Kennedy Kwabena Addo told the Accra High Court Tuesday, October 6, 2020 that the medical excuse duty he issued was due to the adverse effects of medications he gave to the MP and also to enable the legislator to fully recover.
The medical officer was answering questions as to why he issued a 14 -day excuse duty just two days before the MP was to open his defence in a contempt case in which he has been accused of insulting a High Court judge on a live television programme.
He was cross-examined today by the presiding judge, Justice Amos Wuntah Wuni.
At a point, Justice Wuni asked the medical officer what he (Dr Addo) will say if someone said the medical excuse duty was a deliberate attempt to delay to contempt proceedings.
Dr Addo answered that the medical excuse duty was genuinely given and that he did not write it to “delay any court proceedings”
Arguments by Dr Addo’s lawyer , Mr C.H Chambers and lawyer for Mr Agyapong, Mr Afenyo Markin , for the cross-examination to be done in chambers or in-camera were rejected.
The lawyers argued that case ought to be heard in-camera for confidentiality reasons because the answers by Dr Addo might reveal the medical condition of Mr Agyapong .
Justice Wuni , however, assured them that the cross-examination was based on the excuse duty and will not delve into the MP’s health conditions.
“This matter before the court does not border on confidentiality. He has been invited to speak to a medical excuse duty that he signed”, Justice Wuni held.
On Monday , September 28, Mr Agyapong did not show up at the court due to what his lawyers described as “complication from a post-COVID-19 condition.”
The MP has been previously infected with COVID-19.
The lawyers therefore asked for an adjournment after presenting a medical excuse duty signed by Dr Addo which gave the MP 14 days of rest.
Justice Wuni, granted the 14 -day adjournment but ordered Dr Addo to appear before the court and answer questions on the medical excuse duty.
Mr. Agyapong is in court over an alleged contemptuous comments in which he described the judge as “stupid”.
Mr. Agyapong’s alleged comments were made in connection with a land matter in which Susan Bandoh and Christopher Akuetteh Kotei had sued him (Kennedy Agyapong), Ibrahim Jaja, Nana Yaw Duodu aka Sledge and the Inspector General of Police.
While the case was still at the Land Division of the High Court (Land Court 12), the MP allegedly scandalised the court on a programme aired on NET2 TV and Oman FM on September 2, this year.
A court order signed on September 9, by Justice Wuni said, "I hereby summon the said Kennedy Ohene Agyapong per a warrant issued under my hand and seal to appear before the High Court (Land Court 12) on Monday, September 14, 2020, at 10:00 a.m. to show cause why he should not be severely punished for contempt if the matters are proven against him to the satisfaction of the court."