Defense Lawyers in the case against former board chairman of the National Communications Authority, Eugene Baffoe Bonnie and four others today moved a motion seeking an order of the court to compel the Attorney General’s department to disclose to the defense team all documents they intend to rely on throughout the trial.
The motion was moved by lawyer for the fourth accused person, Godwin Tamakloe. While moving the motion, Mr. Tamale indicated to the court that their application is purely based on Article 19 (2) (e) and (g) of the 1992 constitution of the Republic.
The provision of the constitution relied on by the defense lawyers states that;
(2) A person charged with a criminal offence shall –
(e) be given adequate time and facilities for the preparation of this defence;
(g) be afforded facilities to examine, in person or by his lawyer, the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on the same conditions as those applicable to witnesses called by the prosecution.
What was expected in Court
The State was expected to call her Second prosecution witness to take the stage to give his evidence in support of the case of State brought against the accused persons. However, by reason of the motion moved in court, the court had to hear same and fix a date for its ruling on the application before the trial can proceed.
Affidavits of Opposition
The State in an affidavit of opposition to the application filed by defense Lawyers indicated that the order the defense lawyers are seeking amounts to seeking an interpretation of the 1992 constitution and such should constitute a separate application to the Supreme Court.
Stay of Proceedings
The defense lawyers as a result of the position of the State prayed the court to stay proceedings and refer the issue to the Supreme Court for its interpretation. – Wilberforce Asare
