Lawyers of Assin North legislator, James Gyakye Quayson, have expressed their intention to approach the Court of Appeal after their application for a stay of proceedings in his criminal trial was dismissed by the High Court.
Despite the trial judge’s decision to reject a similar application, Quayson’s legal team remains determined to seek relief at the appellate level.
During the court proceedings in Accra on Tuesday, the arguments presented by James Gyakye Quayson’s lawyers in support of the application for stay of proceedings were disregarded.
Led by prominent lawyer Tsatsu Tsikata, the defense team contended that the trial judge had erred in her ruling.
The defense team cited a violation of Article 296 of the 1992 constitution, which places limitations on the exercise of discretionary powers.
They claimed that the Attorney General, Godfred Yeboah Dame, and President Akufo-Addo had made highly prejudicial comments that could potentially impact the fair adjudication of the case.
Additionally, the defense lawyers argued that any decision by the trial judge to proceed with the trial before the final determination of the appeal would constitute a prejudgment and a violation of their client’s right to a fair trial.
Tsatsu Tsikata emphasized the breach of fair trial rules and stressed that the grounds presented warranted exceptional circumstances for the application to be granted.
However, the state opposed the application, asserting that the decision being appealed was regarding the daily trial dates from June 20 to June 23. Since the application was filed on June 27, the state argued that the process was unnecessary.
Attorney General Godfred Yeboah Dame also refuted the allegations of prejudicial statements made by himself and the president.
After considering the arguments, the trial judge dismissed the application, emphasizing that the granting of stay of proceedings is a matter of discretion. Justice Mary Maame Ekue Yanzuh stated that exceptional circumstances must be shown to warrant the grant of such an application.
According to the judge, the case at hand did not present any exceptional circumstances justifying a stay of proceedings. She further noted that James Gyakye Quayson would not suffer irreparable damage due to the refusal of the application
Source: ghanaweb.com
