The High Court has dismissed moves by James Gyakye Quayson to have the Court drop three (3) out of the five (5) charges against him.
His lawyers led by the venerable Tsatsu Tsikata had urged the Court to strike out the 3rd, 4th and 5th charges for the reason that they bothered on article 94(2)(a) and required interpretation.
The charges sought to be struck down are; deceit of knowingly making a false declaration; forgery of passport or travel certificate, and making a false declaration for office.
However, charges of perjury and false declaration of office had not been contested.
Making their case in court on Wednesday, Mr. Tsikata submitted that the charges were deficient in terms of Article 19(11) of the Constitution.
- Gyakye Quayson’s case at Supreme Court adjourned for the 3rd time
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The provision provides a framework for ensuring a fair trial by providing sufficient particulars of the offence being complained of.
In the instant case, however, Tsatsu Tsikata argued that charges 3, 4 and 5 did not meet this threshold.
The Attorney General’s office however opposed the move.
A State Attorney, Dorcas Felli told the court that all the three charges including the other two were all provided for by Statute.
The State Attorney insisted that sufficient information had been provided on the charges complained of, to the accused person.
While describing the move as a clear application to waste time of the court, she maintained that proceeding with the trial will not in any way violate Mr. James Gyakye Quayson’s right to a fair trial.
“All particulars are precise enough to give accused persons what the charges are about”, the State Attorney concluded.
Her Ladyship Mary Maame Ekue Nsenkyire dismissed the application, saying it is without merit. The Court has thus adjourned to July 12, for the commencement of trial.
The Prosecution has in the meantime indicated it will be using five witnesses to prove its case against the embattled Member of Parliament.
