The High Court in Accra has directed a former Deputy Communications Officer of the National Democratic Congress (NDC), Anthony Kwaku Boahen to be ready to open his defense on May 30 should Samuel Ofosu-Ampofo remain absent.
Mr Ofosu Ampofo has been absent since November last year, with his lawyers led by Tony Lithur informing the Court that, his client had a “minor surgery” and would be expected back in the Country on the third week of May.
Ofosu-Ampofo (1st Accused) the former National Chairman of the NDC was expected in Court on Thursday, April 25, to open his defence to charges.
He is standing trial together with Anthony Kwaku Boahen, a former Deputy Communications Officer of the NDC.
They are being tried for allegedly conspiring to cause harm to the Chairperson of the Electoral Commission and the Chairman of the Peace Council.
Both are also separately facing a charge of assault on a public officer and have both pleaded not guilty and have been granted bail.
In Court irt on Thursday, April 25, Mr Ofosu-Ampofo who was expected to open his defence was absent.
Minor surgery
His lead lawyer Tony Lithur told the Court presided over by Justice Samuel Asiedu, a Justice of the Supreme Court sitting with an additional responsibility as a High Court judge, that the first accused (Ofosu-Ampofo) is still out of the country.
Asked by the Court of the reason, Mr Lithur said, “When I spoke to him before the last adjourned date he said he was due for a follow-up minor surgery in the first week of April.”
Counsel also told the Court that, the first accused had “since had the surgery.”
While extending his client’s apology to the Court, Counsel said, his client “hopes to return to Ghana in the third week of May.”
Counsel explained that, “the only reason he (Ofosu-Ampofo) is taking this much time after the surgery is to avoid post surgery clotting.“
Delay
The Court said, “the matter has suffered adjournments due to the absence of the first accused,”
The Court said, “If the first accused is not around then the second accused has to open his defence.”
The court also confirmed that, it had “received some reports from doctors from the US indicating that the man (Ofosu-Ampofo) is receiving medical treatment in the US.”
The Court said there would be nothing wrong if the second accused is heard in the absence of the first accused person.
“It’s been almost a year. In the absence of the first accused we can hear the second accused,” the judge said, adding that, “There is nothing wrong with it.”
He said, “If he comes I will hear him,” the Court said, “Fortunately prosecution has closed its case so there is nothing that will go against him.”
Last opportunity
Dr. Abdul Aziz Bamba, counsel for Anthony Kwaku Boahen, (2nd Accused) pointed to the constitutional requirement that, a matter be heard in the presence of an accused.
“My Lord, there is a constitutional requirement that the matter must be heard in the presence of the accused,” Counsel told the Court.
“We pray that the court indulges us one last time,” he urged.
By Court
Prior to adjourning the case, Justice Asiedu said, “the matter has kept, in my view, a little bit too long.”
He said, “I will adjourn it to May 30 at 9:30 with a caution that if he doesn’t show up I will hear the second accused.”
Background
Sometimes in November 2023, lawyers of the former NDC Chairman led by Tony Lithur provided a letter indicating that their client was in the United States undergoing post-surgery complication treatment.
The content of the letter given to the Court by the Prosecution indicated that his condition is such that, he cannot travel for at least six months.
The Prosecution led by the Director of Public Prosecution has closed its case after calling three witnesses.
Anthony Kwaku Boahen was present in Court on Thursday, April 25, 2024, while the case is adjourned to May 30, 2024.
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