NCA Case: Lawyers file stay of proceedings over controversial evidence

Defense lawyers in the case of the Republic vs Eugene Baffoe Bonnie and four others have filed a motion for stay of proceedings at the High Court.

The move by the defense team is to allow the Court of Appeal determine a ruling by Justice Eric Kyei Baffour’s Court that admitted evidence tendered in by State prosecutors through the third Prosecution witness in the ongoing trial.

At the last court sitting, defense lawyers opposed the admission of documents presented to the court by state prosecutors arguing that the said documents, which is the handing over notes of the Prosecution witness was presented in part and not the complete document.

They also argued that the decision to hear the evidence and to conduct the cross examination of the third Prosecution witness in camera was contrary to sections of the Evidence Act.

State Prosecutors, however, opined that the handing over notes of their witness has portions that have national security implications and can therefore not be disclosed in full to the Defense team and by extension to the general public.

Justice Eric Kyei Baffour’s court, however, disagreed with the defense team and ruled admitting the documents into evidence. Aggrieved by the decision of the Court, the defense team has decided to appeal the ruling and as a result have served the High Court notice of their intention to go to the Court of Appeal.

Proceedings are being stayed at the High Court for the second time since the trial first begun in January 2018.

The first was to allow the Supreme Court determine an application by the accused persons on the extent to which the State ought to furnish them with documents they will be relying on for the prosecution of their case against them.

For now, the Court of Appeal composed of three judges have to give their opinion on the ruling of the High Court before trial can resume. The case stands adjourned Sinidie at the High Court.