The High Court judge who ordered that the trial of Stephen Opuni be reopened has come under criticism from the Attorney General, Godfred Yeboah Dame.
Mr. Dame argued that the High Court Judge’s decision was incorrect and retrograde in an interview with journalists following the Court of Appeal’s decision to reject the High Court verdict.
“I think that ordering that we start over from scratch is actually retrograde with all due respect for a trial that has come this far. In my opinion, it is improper since it would equate to delivering the evidence twice and giving the parties to the dispute a second chance.
The Court of Appeal on Monday overturned the trial judge’s decision and directed that the proceedings and evidence led under the previous judge, Justice Hornyenugah, be adopted instead.
Justice Kwasi Anokye Gyimah, who took over the case in March 2023, ruled that restarting the trial was necessary due to allegations of unfairness.
He believed that a fresh trial would help dispel suspicions and restore trust in the process for both the defendants and the public.
However, Attorney General Godfred Dame disagreed with this decision and filed an appeal, arguing that it amounted to a miscarriage of justice.
The appellate court considered the appeal and concluded that the trial judge made an error by relying on irrelevant factors in ordering the trial to start over.
After the court proceedings, Attorney General Godfred Dame expressed satisfaction with the decision of the court in an interview with the media.
Meanwhile, in a letter allegedly sent to Justice Kwasi Anokye Gyimah by the Chief Justice, Justice Gertrude Araba Esaaba Torkornoo, in June, Justice Gyimah has been asked to vacate his position and move to Kumasi, the Ashanti Regional capital.
He is to start from today July 3.
Justice Gyimah, who is described by many who encountered him as tough and principled, is to be replaced by Justice Aboagye Tandoh of the Winneba High Court.
Justice Tandoh will become the third judge on the case after the first judge, Justice Clemence Honyenuga, retired and handed over to the now-transferred Justice Gyimah.
The state accuses Opuni and businessman Seidu Agongo of allegedly causing the state to lose more than GH217 million in cash.
