The Judge presiding over the James Gyakye Quayson trial has threatened that if his (Gyake Quayson’s) attorneys are not present on Monday, she will order the Assin North MP to continue and conclude the cross-examination of the prosecution’s first witness, Richard Takyi-Mensah by himself.
This comes after the court turned down the accused’s attorneys’ plea to postpone the case until October or November.
The accused’s attorneys were anticipated to finish questioning the prosecution’s first witness on Friday. His attorneys were not there because the lawyer on file, Justin Teriwajah, wrote to the court to inform the judge of a three-day medical leave of absence that had been granted to him by his physician.
On the basis of that, he asked that the Friday case be postponed until after the legal hiatus, which ends in the first week of October. He explained that because he will be receiving medical care outside of the jurisdiction, he will not be available during the judicial vacation. Additionally, he said Tsatsu Tsikata will not be accessible during that time.
Deputy AG Rejects Request
While supporting the request for a Friday adjournment and expressing sympathy for Mr. Teriwajah’s ill condition, Deputy Attorney General Alfred Tuah-Yeboah rejected the request for the return date to be set for a time following the legal break.
He informed the court that it would be unjust to the prosecution to side with the defense. Mr. Tuah-Yeboah reminded the court that the witness gave his opening statement on July 12, 2022, and the accused has not finished his cross-examination as of yet. He requested that the matter be postponed until Monday, July 31.
“This case started in January 2022. PW1 gave evidence on July 12, 2022. It’s been one year, 16 days since PW1 mounted the witness box. In view of this, I like to pray that this matter is adjourned to Monday subject to my lady’s convenience to have cross-examination of PW1 completed.”Alfred Tuah-Yeboah
If the Monday date proposed is not feasible, he further requested that the court appoint a date during the legal break to ensure that Richard Takyi Mensah’s cross-examination is finished.
The Deputy Attorney General urged the court that “in the event that Monday is not convenient, we will urge that within the vacation subject to my lady obtaining the required warrant from the Chief Justice, this matter be adjourned for continuation of cross-examination of PW1. It will be in the interest of Justice and Fairness if PW1 is not made to mount the witness box in the next legal year.”
Mr. Tuah Yeboah stated that James Gyakye Quayson can be forced to participate virtually in the proceedings even if he is outside of the nation, thus if he is not present in the jurisdiction.
Mr. Tsatsu Tsikata will also not be available during the legal break, according to the letter from Mr. Teriwajah, seeking for the adjournment to a time following the legal break.
As stated by the Deputy Attorney General, the paragraph about Mr. Tsikata is irrelevant because he is not a counsel in this case and is therefore not relevant in setting the return date.
Speaking on his behalf, Gyakye Quayson pleaded with the court to approve his attorneys’ motion so that he can attend to his medical requirements.
Nonetheless, Justice Mary Maame Ekue Yanzuh, the judge, turned down the request. She postponed the case until Monday, July 31 with the warning that, in the event that his attorneys are not present on that day, the Assin North Member of Parliament will resume the cross-examination of prosecution witnesses.