The motion, filed on Tuesday, June 12, 2024, resulted in the adjournment of the court session scheduled for that day, during which Daniel Osei Kufuor was expected to undergo further cross-examination.
The counsel for Patience Botwe, the first accused, informed the Criminal Division of the High Court in Accra that the motion seeks an order from the court to obtain documents from the OSP, which will “enable us to effectively cross-examine” Daniel Osei Kufuor, the husband of the former minister.
“We filed a motion on Wednesday, June 12, with a return date of June 27, requesting an order from this honorable court to procure documents from the Office of the Special Prosecutor. This will enable us to effectively cross-examine the current witness, as well as others listed in this matter,” stated Komivi Dzortsi to the court.
Counsel for Patience Botwe requested, “We, therefore, humbly pray for the Honorable Court to grant us an adjournment to address the motion and procure the documents.”
Justice Marie-Louise Simmons, the presiding judge, stated that the court would accommodate the counsel’s request for the date on which the motion is set to be moved. However, she indicated that the court would consider whether other lawyers could conduct the cross-examination to avoid delaying the trial.
“I have listened to the submissions made by the counsel for A1 (First Accused – Patience Botwe) and, knowing that he is still cross-examining PW1 (Daniel Osei Kufuor), I will grant him the date,” Justice Simmons declared.
She added, “To avoid wasting the trial date, the court will consider if other counsel can conduct the cross-examination while A1’s (Patience Botwe’s) counsel procures the necessary documents for further cross-examination.”
Documents Being Sought
According to the affidavit supporting the motion, the first accused is seeking an order directing the OSP to present the investigation’s cautioned statements, interviews, and interrogations of Madam Cecilia Dapaah and Daniel Osei Kufuor to the court, pursuant to Article 19(2)(e) and (g) and under the court’s inherent jurisdiction. The motion is scheduled to be moved on June 27.
The first accused requests “an order directed at the Office of the Special Prosecutor to produce all investigation caution statements, interviews, and interrogations of Madam Cecilia Dapaah and Mr. Daniel Osei Kufuor, to enable counsel for the first accused to cross-examine the aforementioned individuals on these documents.”
The basis for this request is that “Madam Cecilia Dapaah and Mr. Daniel Osei Kufuor were at the Office of the Special Prosecutor, where investigation caution statements were taken from them concerning this matter.”
It is also stated that the couple “were interviewed and interrogated regarding the alleged monies they claim in their witness statements that the first accused stole from their property in Abelenkpe.”
Furthermore, “the Office of the Special Prosecutor has, through the media, disclosed that Madam Cecilia Dapaah and Mr. Daniel Kufuor were unable to provide evidence to substantiate the amounts stated in their witness statements as belonging to them.”
The first accused believes that “information from the Office of the Special Prosecutor would assist in prosecuting her case.”
EIB Network’s Legal Affairs Correspondent, Murtala Inusah, reported from the courtroom that Daniel Osei Kufuor, the first Prosecution Witness, was present when the case was adjourned to June 18.
The prosecution, represented by Christabel Selma Anafure, Assistant State Attorney, was also present.
Patience Botwe, 18, Sarah Agyei, 30, Benjamin Sowah, Malik Dauda, Christiana Achab, Job Pomary, and Yahaya Sumaila have all pleaded not guilty to the various charges against them, which include conspiracy to steal, stealing, dishonestly receiving, and money laundering.
Although they have been granted bail, they have been unable to meet their respective bail conditions and remain in lawful custody. The former sanitation minister and her husband are both witnesses in the ongoing trial.
