The High Court in Accra has directed the Office of the Special Prosecutor (OSP) to provide the investigation caution and charge statements of former sanitation minister Cecilia Dapaah and her husband to Patience Botwe, the first accused in an ongoing criminal trial.
This case involves the alleged theft of significant sums of money from Dapaah’s residence. Botwe, a former house help, had filed an application requesting access to these documents, arguing they were essential for her defence.
Ms Botwe’s legal team stressed the importance of these statements in cross-examining Dapaah and her husband, both of whom are key witnesses in the case.
They had earlier attempted to obtain the documents through a request under the Right to Information (RTI) Act, but the OSP denied the request, claiming the information was exempt.
Consequently, Botwe’s lawyers sought the intervention of the High Court to secure the necessary materials for her defence.
The OSP opposed Botwe’s application, arguing that the court’s jurisdiction was not properly invoked and that the request was premature.
However, Justice Marie-Louis Simmons overruled these objections, citing the court’s inherent powers to ensure a fair trial.
She highlighted the importance of allowing the accused access to all relevant documents in line with Article 19(2)(e)(g) of the 1992 Constitution, which guarantees an accused person’s right to prepare a defence.
In her ruling, Justice Simmons noted that access to the requested documents was necessary for Botwe’s legal team to thoroughly cross-examine Madam Dapaah and her husband, especially given the inconsistencies in their accounts regarding the source of the stolen funds.
The court emphasised that denying access to these materials would hinder the accused’s ability to challenge the prosecution’s evidence.
While the court granted Botwe access to the investigation and caution statements, it denied her request for the recordings and transcripts of the interviews and interrogations of Dapaah and her husband.
Justice Simmons explained that these materials were not essential for Botwe’s defence at this stage of the trial.
The OSP has been ordered to provide the relevant documents within a week of receiving the court’s ruling, ensuring that Botwe’s legal team has sufficient time to prepare for cross-examination.
Myjoyonline.com
