Accra: An Accra High Court has granted a motion for the prosecution in the trial of James Gyakye Quayson, the Member of Parliament (MP) for Assin North, to recall a witness pursuant to section 79 of the Evidence Act. Madam Esi Dentaa Yankah, the Principal State Attorney (PSA), stated that the motion was based on the omission of a page in an exhibit tendered by Latif Oshenu, the fifth prosecution witness, during cross-examination.
According to Ghana News Agency, the MP for Assin North faces five charges, including deceit of a public officer, forgery of passport or travel certificates, knowingly making a false statutory declaration, perjury, and false declaration for office. He has pleaded not guilty and has been granted bail. Madam Yankah highlighted that Oshenu sought to refer to the omitted page but was unable to do so, prompting the prosecution to request the witness’s recall to present the complete document.
The prosecution argued that the full exhibit P is necessary for the trial court to deliver justice, as the current incomplete document might hinder the trial judge’s ability to access the missing page. They submitted that exceptional circumstances justified the recall of the witness and attached a copy of the exhibit to the affidavit supporting their motion.
Mr. Tsatsu Tsikata, counsel for Mr. Quayson, stated that they did not oppose the motion, as they had not seen the original documents. He noted that the State Attorney’s reference to an incomplete document was based on what was initially presented in evidence.
Presiding over the court, Justice Mary Maame Ekue Yanzuh identified the omitted document as the Parliamentary nomination form. She emphasized that the prosecution had not adhered to court rules by failing to attach the original document to the application. The Judge reiterated the order for the prosecution to provide the accused with the necessary documents by the next adjourned date on February 12.
