The Criminal trial of the founder of the defunct Capital Bank, William Ato Essien has been suspended following a repeated application for Stay of Proceedings.
The motion for stay was granted after the High Court in Accra upheld his repeated request pending a notice of appeal at the Court of Appeal.
At the last court sitting on April 28, the court dismissed a similar request on grounds that, the likelihood of the success of the application for appeal was “very bleak.”
However, upon a repeated application in Court on Thursday, May 5, through his lawyers, his request for Stay of Proceedings was granted.
Justice Eric Kyei Baffour, a Justice of the Court of Appeal sitting with an additional responsibility as a High Court judge, said, even though it does not find any clear provision in the rules of court whether (civil or criminal proceedings) that precludes it from proceeding with the trial, it was minded to grant the request.
“Nonetheless, I have given the prayer the most thoughtful consideration and in order not to create the impression that proceedings before me in the face of that application will unfairly prejudice the determination of that application, I will exercise my discretion to stay the proceedings before me.
“Accordingly adjourned to 25th of May to abide by the decision of the Court of Appeal,” the court ruled.
*Repeated motion*
In a repeated motion, his lawyer led by Baffour Gyawu Bonsu Ashia, argued for the trial to be put on hold, pending the determination of an appeal against an order of the court given in April 7, 2022.
The appeal is in respect of some unsigned minutes of boarding meetings that has been admitted into evidence as a testimony for the third accused person, Fitzgerald Odonkor.
The appealed fixed on May 4 is expected to be heard on May 23, 2022.
Counsel therefore prayed for the court to adjourn the case to abide by the ruling of the Court of Appeal..
The prosecution led by Marina Appiah Opare, a Chief State Attorney opposed to the motion.
“We think that in view of the revocation of Rule 27(A) of C.I 19 today’s proceedings should go on.”
*Charges*
Ato Essien, Nettey Tetteh and Fitzgerald Odonkor have been charged for allegedly causing financial loss to the state.
They have pleaded not guilty to the combined 23 charges and have been granted bail.
So far, Ato Essien and Tetteh Nettey have both closed the case with Fitzgerald Odonkor currently mounting his defence.
Source: Kasapafmonline.com/Murtala Inusah
