COCOBOD Trial: I can 'accept and reject medical evidence' – Honyenuga warns Agongo

Justice Clemence Honyenuga has reminded businessman Seidu Agongo, who is the second accused person in the GH¢217-million Ghana Cocoa Board trial that his court is clothed with hefty authority to either accept or reject medical evidence.

Mr Agongo, whose company, Agricult (the third accused person), supplied Lithovit Liquid Fertiliser to COCOBOD when the first accused person, Dr Stephen Opuni, was the CEO, has been absent from the trial in the past few days over ill health.

In the last two weeks thereabout, he has presented two excuse duties to the court from two hospitals.

The situation compelled Justice Honyenuga, a Supreme Court judge, who has sat on the matter since May 2018, to adjourn the hearing on a few occasions, much to his chagrin.

Adjourning the case again to 20 February 2023 due to Mr Agongo’s medical excuse, Justice Honyenuga told the court on Tuesday, 14 February 2023: “Yesterday [Monday, 13 February 2023], I adjourned the matter on the medical report to await the Registrar’s report. Now, as I indicated yesterday, the second accused has caused this court to adjourn proceedings for some time now.

"A reference to his medical report from the National Cardiothoracic Centre indicates that: ‘Assessment was done and a diagnosis of stress-induced anxiety was made, for which treatment was commenced.

"He reported for a review on 30 January 2023 with complaints of difficulty in sleeping, easy fatigue and worrying thoughts of over two week’s duration and high blood pressure readings’”.

“Now, the second accused, again, has brought a medical report which now indicates that he is diagnosed with acute lumbago and radiculopathy from the 37 Military Hospital and was given an excuse duty for one whole week”, Justice Honyenuga said.

He added: “At the last adjourned date, I expressed my difficulty in having to adjourn the case because of the absence of the second accused on medical excuse duty”.

“As I indicated, I have limited time to conclude this matter but such medical excuses are delaying the trial of this case”, he complained, warning: “I must state emphatically that this court has the discretion to accept or reject medical evidence and I must also add that the second accused is on bail and he is still subject to this court’s discretion. And, I must also add that this court has enormous powers to deal with any situation in this court”.

Read excerpts of the proceeding in court on Valentine’s Day:

Court: Yesterday, I adjourned this matter to await your report.

Registrar: My Lord, just after the court sitting, I managed to contact Captain Bonda of the 37 Military Hospital and he made me aware that since there has been a new change in command at the hospital, I should call after 1 pm after yesterday to give me a feedback. My Lord, after 1:15 pm, I called several times but he did not pick the call till about 3: 15 pm yesterday. My Lord, so this morning, I went there again to see him personally. When we reached there exactly 8:45 am, we were told that they were going to have another this morning at 9 am, so, he had left. The officers who told me this asked me to wait till 11 am after the close of the meeting when they can attend to me. My Lord, I made them aware that the court will sit exactly at the same time, so, I could not wait. So, my Lord, that’s all.

Court: Who is this Captain Bonda?

Registrar: My Lord, the two officers I met made me aware that he is the Adjutant.

Court: So, it means that if you want any report, it is him you must see?

Registrar: Yes, my Lord.

Court: So, the order of the court is just frustrated? Is that so?

Registrar: Yes, my Lord.

Court: Yesterday, I adjourned the matter on the medical report to await the Registrar’s report. Now, as I indicated yesterday, the second accused has caused this court to adjourn proceedings for some time now. A reference to his medical report from the National Cardiothoracic Centre indicates that: ‘Assessment was done and a diagnosis of stress-induced anxiety was made, for which treatment was commenced. He reported for a review on 30 January 2023 with complaints of difficulty in sleeping, easy fatigue and worrying thoughts of over two week’s duration and high blood pressure readings’.

Now, the second accused, again, has brought a medical report which now indicates that he is diagnosed with acute lumbago and radiculopathy from the 37 Military Hospital and was given an excuse duty for one whole week.

At the last adjourned date, I expressed my difficulty in having to adjourn the case because of the absence of the second accused on medical excuse duty.

As I indicated, I have limited time to conclude this matter but such medical excuses are delaying the trial of this case. I must state emphatically that this court has the discretion to accept or reject medical evidence and I must also add that the second accused is on bail and he is still subject to this court’s discretion. And I must also add that this court has enormous powers to deal with any situation in this court.

At the last adjourned date, I also indicated that I was giving the second accused the benefit of the doubt for is absence from court. I will, again, give him the final benefit of the doubt, especially when the effort of the Registrar who was to verify from the 37 Military Hospital whether or not the second accused person was on admission, ended in a fiasco.

I am aware that the application for review comes off tomorrow at the Supreme Court. In the circumstances, I will adjourn this case to the 20th of February 2023 for continuation and I must, again, emphasise that on that day, I will take no excuse for an adjournment and DW7 [Defence Witness No.7] will continue his evidence in cross-examination at 10 am.

End