court – G-News

Jean Mensa cannot escape cross-examination – Tsatsu argues in court

Posted on February 9, 2021 by Kofi Tutu

Lead Counsel for the petitioner in the ongoing presidential election petition hearing, Mr Tsatsu Tsikata has told the court that the chair of the 1^st Respondent, Jean Mensa cannot skip cross-examination.

Mr Tsatsu argued that by filing a witness statement, the 1^st Respondent has opened her up for cross examination.

“It is our respectful submission that by filing its witness statement the first respondent has clearly crossed the bridge as far as opening the witness up for cross-examination is concerned. That bridge has been crossed, the ship has already been sailed,” Tsatsu said in his argument to the bench.

Asked by one of the justices, Professor Nii Ashie Quartey, whether or not Jean Mensa cannot change her mind to testify, Tsatsu answered “The court has the power to disallow that change of mind.”

For his part, lawyer for the 2nd respondent Akoto Ampaw told the Supreme Court that the petitioner cannot compel the respondents to elect a witness to appear in the witness box.

During legal arguments on a move by the respondents’ decision not to testify in the case on Tuesday February 9, Mr Akoto Ampaw told the court “the petitioner cannot compel us to enter the witness box to adduce evidence.”

He added “The petitioner has adduced evidence and closed his case, we have taken the position that in our assessment they have not discharged the burden of proof and the burden of producing evidence and therefore, we will not give further evidence and the court will determine the case on the evidence before it.

“We are entitled not adduce any evidence, we are entitled not to call any witness.”

Lawyers for the 1st and 2nd respondents on Monday February 8 moved to close their cases in the ongoing election petition without their witnesses being cross-examined.

This was after Counsel for the petitioner Tsatsu Tsikata closed his case.

Mr Justin Amenuvor, lawyer for the 1st Respondent told the court that given the evidence of the petitioner’s witnesses who were crossed examined in the case, they do not want to lead any further evidence.

“Given the evidence of the petitioner’s witnesses under cross examination so far, of those witnesses, speaking for the 1st respondent, it is the 1st respondent’s case that we do not wish to lead any further evidence and therefore we are praying that this matter proceeds under Order 36 Rule 43 and CI 87 rule 3 (e) 5, we hereby and on that basis close our case.”

Source:3news

General News

Soldier in court for allegedly having sex with minor

Posted on January 13, 2021 by Kofi Tutu

A 30-year-old soldier has appeared before an Accra Circuit Court, for allegedly having sex multiple times with a 14-year-old girl at Burma Camp, Accra.

Cpl Offei Richard Okyere, charged with defilement, has pleaded not guilty.

The Court presided over by Adelaide Abui Kadey, remanded Cpl Okyere into Military custody to reappear on January 27.

The facts as presented by Detective Sergeant Opoku Aniagyei are that; the complainant is a 53-year-old labourer of the Ghana Military Police residing at Burma Camp, Accra.

The prosecution said the victim is a 14-year-old Junior High School Student, residing with the father who is the complainant in the case.

Detective Sergeant Aniagyei said Okyere was also residing at Burma Camp and that the complainant and Okyere worked in the same Regiment and were very good friends.

The prosecution said between July and September last year, Okyere took advantage of the friendship between him and the complainant and paid visits to the complainant’s house.

He said whiles the complainant was away, Okyere lured the victim into their room and had sexual intercourse with the victim in a sofa chair.

The prosecution said on another occasion, Okyere had sex with the victim on the complainant’s bed.

He said not satisfied with the sexual advances, Okyere took the victim to a nearby bush about 200 meters away from the victim’s house and had sex with her.

The prosecution said on December 15, last year, the victim’s elder sister questioned whether she was a virgin and the victim denied being one.

This, the prosecution said made the complainant suspicious and he asked the victim who broke her virginity and she mentioned Okyere as the one who had been having sexual intercourse with her.

He said on December 16, last year, the complainant reported the matter to one Military Police and they arrested Okyere who was detained in a guardroom.

The prosecution said the Military Police issued a medical form to the complainant to seek treatment for the victim at any government hospital.

The prosecution said a medical report was submitted on the victim after medical examination on January 2, this year.

He said later, the complainant, the victim and Okyere were brought to the Domestic Violence and Victim’s Support Unit of the Ghana Police Service in Accra by the Military Police.

Source: GNA

General News, Politics

Cite Assin North MP for contempt for flouting court injunction – Godfred Dame

Posted on January 8, 2021 by Kofi Tutu

A former Deputy Attorney General, Godfred Yeboah Dame wants James Gyakye Quayson, the Member of Parliament for Assin North, cited for contempt.

He made the call on the back of the swearing-in of Mr. Quayson as MP despite a court injunction against his swearing-in.

Mr. Dame said the MP action is an affront to the court’s directive and lawyers for the plaintiff should bring the matter up in court.

He said this in an interview with Citi News.

“Clearly, if a person acts in violation of a court order and if a person acts in woeful disregard of the authority of a court, it is something that is in contempt of court. But of course, whether the contempt will be followed or not, is for the lawyers who were involved in the matter to take the necessary decision, and it is up to them to pursue the issue of contempt.”

A Cape Coast High Court on Wednesday, January 6, 2021, granted an injunction restraining Mr. Quayson, from being sworn-in into the 8th Parliament on Thursday, January 7, 2021.

The injunction was granted in a case filed by one Michael Ankomah-Nimfa of Assin Bereku who claims Mr. Quayson holds dual citizenship of Ghana and Canada.

When the issue came up during the inauguration of the 8th Parliament, the Clerk, Cyril Kwabena Oteng Nsiah, said he could not recognise Mr. Quayson since the injunction notice was served him.

“I was duly served, and I am therefore unable to recognize James Quayson as MP-elect for the purposes of the election of Speaker. I will therefore accordingly proceed in the conduct of this election”, the Clerk stated during the inauguration of the 8th Parliament.

But the decision did not go down well with the NDC MPs who accused the Clerk of being bias.

They insisted that because the MP-elect had not been served with the injunction documents, the Clerk should allow him to take part in the voting process.

The Clerk subsequently yielded to the demands of the NDC Caucus.

Source: citinews