Court defers judgement in President's accident case

Accra, July 29, GNA - An Accra Fast Track Court hearing the case of

Thomas Osei, the man who drove into the presidential convey last November, failed to give judgment due to the delay in filing addresses on the part of defence counsel.

"You have all failed to file addresses on the time agreed upon, particularly the defence counsel," Justice Emmanuel Ayebi pointed out. Justice Ayebi explained that, "granted that the court finds the accused guilty the quantum of the damage was not stated but it was in evidence that the President's vehicle was damaged, stressing that the extent of the damage was not included in the charge".

But Mr. Edward Agyemang, a Senior State Attorney, was of the view that "in the absence of the damage, a reasonable amount could be proposed or "if the court is in doubt it can recall a witness to testify." This assertion was objected to by Kwame Akuffo, counsel for Osei, who said: "My lord, with all due respect, the prosecution has closed its case for witness to be called and they have failed to lead the court to the evidence" and it should not be allowed "a second bite". Mr Akuffo said the court had the benchmark and that a fine of not less than 1,000 units should be paid in the matter.

Besides the prosecution should know better once a case has been closed one cannot recall in fresh witnesses. Osei, 51, a businessman, has been charged with five counts of motor traffic offences, use of narcotic drugs and failing to change ownership of the vehicle.

The charges are dangerous driving, negligently causing harm, driving under the influence of alcohol, failing to give way to presidential siren and the use of narcotic drugs. Osei has pleaded not guilty to all the charges levelled against him and is on remand.

The President escaped unhurt. The case was adjourned to August 5. 29 July 2008