Opuni case - To start the trial ‘De Novo’ or not
The state represented by Chief State Attorney, Evelyn Keelson, on March 30, 2023, appearing before a new judge, prayed the court against starting the trial all over again
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Parties in the case are in disagreement as to whether the trial of former COCOBO CEO, Dr. Stephen Opuni and Seidu Agongo should be started "De Novo” or otherwise.
The state represented by Chief State Attorney, Evelyn Keelson, on March 30, 2023, appearing before a new judge, prayed the court against starting the trial all over again because doing so according to her, will amount to injustice.
This was however opposed by counsels for both the first and second accused persons in the matter.
At the last court sitting in early March, the Retired Justice of the Supreme Court sitting as an additional High Court judge upheld a submission by the AG for the appointment of a new trial judge.
Dr. Opuni and Agongo, the CEO of Agricult Ghana Limited, are on trial for allegedly engaging in illegalities in a series of fertilizer transactions which the Attorney-General (A-G) says caused a financial loss of GH¢271.3 million to the state.
They were thus dragged to court by the A-G in March 2018 on 27 charges, including willfully causing financial loss to the state, defrauding by false pretense, contravention of procurement laws, corruption of a public officer, and money laundering.
Appearing before the new judge, the prosecution bemoaned the fact that the case has gone all the way to the Supreme Court with various rulings even given out of about 60 applications filed at various levels by the first accused, Dr. Stephen Opuni.
As a result, CSA Evelyn Keelson was of the view that starting this trial all over again will unduly delay the case.
On his part, Mr. Samuel Cudjoe, who is counsel for Dr. Opuni, in opposing the prosecution’s prayer, suggested that they rather file an application in respect of the trial so his side could respond accordingly.
Similarly, counsel for Seidu Agongo insisted that the trial ought to start all over again since such a step will truly be in line with the established practice by the Supreme court.
The case has meanwhile been adjourned for further directions to be given.
