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Ghanaian Politics

High Court Judge’s decision to restart Opuni trial was “backward” – Attorney General

By : cd on 04 Jul 2023, 05:38     |     Source: citinewsroom

Opuni, lawyer

The Attorney General, Godfred Yeboah Dame, has criticized the High Court judge, who ordered the trial of Stephen Opuni to start from scratch.

In an interview with Journalists after the Court of Appeal overturned the High Court ruling, Mr Dame said the decision by the High Court Judge was wrong and backward.

“I think that it is actually backward with all respect for a trial which has advanced to this stage for an order to be made that we should start de novo. It will amount to giving the evidence twice, it will amount to giving parties of the matter a second bite of the cherry, and I think that it is improper,” Mr Dame told Journalists on Monday, July 3.

The Court of Appeal on Monday overturned the trial judge’s decision and directed that the proceedings and evidence led under the previous judge, Justice Hornyenugah, be adopted instead.

 

Justice Kwasi Anokye Gyimah, who took over the case in March 2023, ruled that restarting the trial was necessary due to allegations of unfairness.

He believed that a fresh trial would help dispel suspicions and restore trust in the process for both the defendants and the public.

However, Attorney General Godfred Dame disagreed with this decision and filed an appeal, arguing that it amounted to a miscarriage of justice.

The appellate court considered the appeal and concluded that the trial judge made an error by relying on irrelevant factors in ordering the trial to start over.

After the court proceedings, Attorney General Godfred Dame expressed satisfaction with the decision of the court in an interview with the media.

Meanwhile, in a letter allegedly sent to Justice Kwasi Anokye Gyimah by the Chief Justice, Justice Gertrude Araba Esaaba Torkornoo, in June, Justice Gyimah has been asked to vacate his position and move to Kumasi, the Ashanti Regional capital.

He is to start from today July 3.

Justice Gyimah, who is described by many who encountered him as tough and principled, is to be replaced by Justice Aboagye Tandoh of the Winneba High Court.

Justice Tandoh will become the third judge on the case after the first judge, Justice Clemence Honyenuga, retired and handed over to the now-transferred Justice Gyimah.

The state is accusing Opuni and businessman, Seidu Agongo, of allegedly causing over GH¢217 million financial loss to the state.