Quayson’s lawyers vow to appeal High Court ruling

Lawyers of Assin North legislator, James Gyakye Quayson have served notice of moving to the Court of Appeal to request for a stay of proceedings in his criminal trial at the High Court despite the decision of the trial Judge to dismiss a similar application.

The High in Court in Accra on Tuesday rejected arguments raised by lawyers of James Gyakye Quayson in support of the application for stay of proceedings.

The lawyers filed the motion pending the determination of an appeal against the decision of the court to try the matter on a day-to-day basis.

Led by Tsatsu Tsikata, lawyers for the accused argued that the trial judge erred when she made the ruling.

According to them, the decision is in violation of Article 296 of the 1992 constitution which limits the exercise of discretionary powers.

He further argued that Attorney General, Godfred Yeboah Dame and President Akufo-Addo had made extremely prejudicial comments that may affect the fair adjudication of the matter.

The lawyers also argued that any decision by the trial judge not to stay proceedings until the final determination of the matter at the court of appeal will be prejudging the appeal and a breach of their client’s rights to fair trial.

Mr. Tsikata was insistent on how this was a breach of fair trial rules and argued that the grounds warranted exceptional circumstances to merit the granting of the application for stay of proceedings.

The state however opposed the application on grounds that the decision being appealed was for the daily trial to take place from June 20 to June 23 and considering the fact that the application was filed on June 27, the process was unnecessary.

Mr. Dame also debunked allegations of prejudicial statements made by himself and the president.

The judge after considering the arguments however dismissed the application. The trial Judge indicated that granting of stay of proceedings applications is purely a discretionary matter.

According to Justice Mary Maame Ekue Yanzuh, the court may be convinced to grant such an application, if the applicant is able to show exceptional circumstances to warrant the grant of the application.

The judge however ruled that the case does not present any exceptional circumstances to grant the application for stay proceedings.

She stated that there is no irreparable damage to be suffered by Gyakye Quayson by the refusal of the application.

Based on these, the application was dismissed. Lawyer for James Gyakye Quayson however in court hinted of plans to go to the court of appeal to stay the proceedings.

Tsatsu Tsikata therefore requested for a favourable adjournment to allow them file the relevant processes.

As a result of this, the court adjourned the case to Friday, July 14, for trial to continue.

Source: citinewsroom