The High Court hearing the criminal case against the restrained Member of Parliament (MP) for Assin North, James Gyakye Quayson, has dismissed an application seeking to strike out three charges against the accused.
Mr Quayson is in court on five counts of deceit of a public officer, forgery of passport or travel certificate, knowingly making a false statutory declaration, perjury and false declaration for office over the allegation that he knew he had dual citizenship when he filed to contest the 2020 parliamentary election.
He has however has pleaded not guilty to the charges.
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When the case was called Wednesday, June 1, counsel for Quayson, Tsatsu Tsikata moved the motion to strike out the charges on knowingly making a false statutory declaration, perjury and false declaration for office.
Counsel argued that the particulars of offense in respect of the three charges were not sufficient to inform his client on why he was being charged.
Describing the charges as defective, counsel again argued that it would be impossible for the accused to defend himself effectively in relation to the charges.
The prosecution, led by Dorcas Felli, urged the court to dismiss the application on grounds that the particulars of offences give sufficient information to enable the accused to respond to the charges.
She said it was rather within the court’s purview to make a pronouncement as to whether the state had established prima face case after which the accused could make a submission of no case.
Justice Mary Maame Ekue Nsenkyire, who dismissed the application explained that the accused had no burden to prove his innocence adding, “it is the duty of the prosecution to prove its case”.
“Accused can decide to remain mute throughout the trial since the ultimate plea lies with the prosecution”.
The application was, therefore, dismissed as having no merit.
The court further fixed July 12 for the trial to commence.
The state is expected to call its first of five witnesses on the said date.