Opuni trial: The bench committed a fundamental error - Dame to Supreme Court
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Opuni trial: The bench committed a fundamental error – Dame to Supreme Court.
“In any event, I respectfully contend further that the ordinary bench rather committed a fundamental error, resulting in a substantial miscarriage of justice when it wrongly construed sections 116, 117, 118, and 126 of the Evidence Act 1975 (NRCD 323) on the law on hearsay evidenceâ€, Attorney-General Godfred Yeboah Dame has noted in a statement relating to the trial of Dr. Stephen Kwabena Opuni.
The A-G continued that the Supreme Court misconstrued and changed the law on hearsay, which led the apex court to arrive at its 3-2 majority decision that prohibited Justice Clemence Honyenuga from continuing to sit on the GHS217-million financial loss case involving ex-CEO of COCOBOD Dr. Stephen Opuni and businessman Seidu Agongo.
“The effect of the erroneous construction of sections 116, 117, 118, and 126 of the Evidence Actâ€, the AG’s opinion, “was to, without compelling reasons, change the law on hearsayâ€, insisting: “This constitutes an exceptional circumstance resulting in a gross miscarriage of justiceâ€, the AG said in a review process filed on his behalf by Evelyn D. Keelson, Chief State Attorney of the Office of the Attorney General, Prosecutions Division.
The A-G argued that “an error allegedly contained in an interpretation for provision of the Evidence Act or a decision of the Supreme Court, binding on the high court, even if subsequently considered by this court as erroneous, is one within the jurisdiction of the court and does not constitute an error patent on the face of the record to warrant the supervisory intervention of this honourable courtâ€.
In addition to his prohibition, the apex court, on 28 July 2021, granted an application by Dr Opuni and quashed Justice Honyenuga’s decision to reject certain witness statements which the accused person found favorable to his case.
The effect of the Supreme Court’s decision is that the Chief Justice would have to appoint a new judge to hear the case.
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