‘Fair trial is against undue delay’ – Gyakye Quayson trial judge justifies daily hearing

Justice Mary Yanzuh of the Accra High Court stood by her earlier ruling for a daily hearing in a criinal case involving ousted Member of Parliament for Assin North, James Gyakye Quayson.

The former MP's lawyers led by Tsatsu Tsikata had requested the court to rescind its decision, which was taken after a submission by the state through the Attorney General.

In delivering her ruling on June 23, Justice Yanzuh stated thus: "Adjournments are at the discretion of the court and not the convenience of parties.

"The order of this court was clearly in line with the law. Mere refusal by the court does not constitute a denial of the right to a fair trial," she stressed.

She had earlier this week granted Gyakye Quayson leave to absent himself from court on June 23 after lawyers argued that he needed to continue campaigning in Assin North where he is the parliamnetary candidate for the opposition National Democratic Congress (NDC).

On the issue of statements by the AG which the defendant's lawyers said were prejudicial, the judge stated that they did not in any way interfere with the case at hand.

"Fair trial is against undue delay. It is in the interest of justice that trials are not unduly delayed," Justice Yanzuh emphasized, adjourning the proceedings to June 29 and July 4.

The judge further stated that the trial would proceed on a day-to-day basis thereafter, taking into account the unavailability of the court on Mondays, the upcoming by-election, and the upcoming Holiday and Martyrs' Day.

Deputy Attorney General Diana Asonaba Dapaah expressed satisfaction with the court's decision, noting that it aligns with established legal principles. She stated, "It sits with what we have always said that it is up to the court to decide the dates for hearings and not at the convenience of an accused person."

A member of Mr. Quayson's legal team, Baba Jamal, echoed his satisfaction with the ruling, stating, "We don't have any issues with day-to-day after the polls. We needed time to campaign. Even though our application has been dismissed, we are satisfied."

This ruling sets the stage for the trial of James Gyakye Quayson and highlights the court's commitment to ensuring a fair and efficient legal process.

Whatever the outcome of the July 27 by-election, Gyakye Quayson will be back in court on July 4, 2023; when the daily hearing of his criminal trial will commence.

On February 12, 2022, the State charged James Gyakye Quayson with five counts; deceit of a public officer, forgery of a passport, knowingly making a false statutory declaration, perjury, and false declaration.

Background:

The High Court in Accra, on Friday (June 18, 2023), ruled that the ongoing criminal trial of ousted Assin North Member of Parliament, James Gyakye Quayson, will be heard daily starting from Tuesday, June 20, 2023.

This was after the presiding judge, Justice Mary Maame Ekue Yanzuh, turned down an application for the trial to be adjourned till after the by-election.

The Court has since fixed June 20, 21, and 23 for the trial to continue.

Quayson was recently ousted from parliament after the Supreme Court of Ghana ruled that he was ineligible to contest in the 2020 parliamentary election because he failed to renounce his Canadian citizenship in time.

But there is still one case the former MP has to face in court after the Office of the Attorney General accused him of deceiving public officers to acquire state documents.



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