High Court orders Special Prosecutor to release key evidence in Cecilia Dapaah theft case

The High Court in Accra has ordered the Office of the Special Prosecutor (OSP) to provide crucial investigation caution and charge statements related to former sanitation minister Cecilia Dapaah and her husband to Patience Botwe, the first accused in an ongoing criminal trial concerning the alleged theft of significant sums of money from Dapaah’s residence.

Ms. Botwe, a former house help, had filed an application for access to these documents, arguing that they were essential for her defence. Her legal team emphasised the importance of the statements for effectively cross-examining Dapaah and her husband, who are key witnesses in the case.

Earlier attempts to obtain the documents through the Right to Information (RTI) Act were denied by the OSP, which claimed the information was exempt. In response, Ms. Botwe’s lawyers sought the intervention of the High Court to secure the necessary materials.

The OSP opposed Ms. Botwe’s application, arguing that the court’s jurisdiction was not properly invoked and that the request was premature. However, Justice Marie-Louis Simmons overruled these objections, citing the court’s inherent powers to ensure a fair trial.

Justice Simmons highlighted the importance of granting the accused access to all relevant documents in accordance with Article 19(2)(e)(g) of the 1992 Constitution, which guarantees an accused person’s right to prepare an adequate defence.

In her ruling, Justice Simmons noted that access to the requested documents was crucial for the accused’s legal team to thoroughly cross-examine Dapaah and her husband, particularly in light of inconsistencies in their accounts regarding the source of the allegedly stolen funds.

The court emphasised that denying access to these materials would impede the accused’s ability to effectively challenge the prosecution’s evidence.

While the court granted the accused access to the investigation and caution statements, it denied her request for the recordings and transcripts of the interviews and interrogations of the former Sanitation Minister and her husband, stating that these materials were not essential for the accused’s defence at this stage of the trial.

The OSP has been ordered to provide the relevant documents within a week of receiving the court’s ruling, ensuring that the accused’s legal team has adequate time to prepare for cross-examination as the trial progresses.

Source:classfmonline.com