Everybody sees Forson, Quayson, Opuni trials as persecution, not prosecution - NDC replies Attorney-General

The National Democratic Congress (NDC) has responded to the comments by Attorney-General Godfred Dame on the calls to discontinue the trials of Assin North Member of Parliament James Gyakye Quayson, Minority Leader Dr Cassiel Ato Forson and former COCOBOD CEO Dr Stephen Opuni.

The main opposition party says that everybody considers the trials as persecution.

“One fact is, people want to see the common sense in what you are doing and it is on this basis that people can determine what you are about and your intention.

So far, every reasonable person out there sees the three cases as persecution instead of prosecution intended to score political points,” a statement issued by the legal directorate of the NDC on Thursday, July 6 said.

The NDC’s statement comes at a time Mr Godfred Dame said that preferring criminal charges against persons in society is not based on the political, social or economic standing of the person.

He said it is based on the strength of evidence subject to the scrutiny of the courts.

Mr Dame said he observed that many of the recent comments by various persons on some court matters, particularly the trials of  Assin North MP-elect James Gyakye Quayson and former Deputy Finance Minister Dr Cassiel Ato Forson clearly exceed the bounds of acceptable speech.

He indicated that the comments seek to disparage prosecutors in the eyes of the public and frustrate prosecution of those cases.

He said some of the comments are orchestrated to pervert the course of justice and/or prejudice the fair hearing and determination of the cases.

In a statement issued on Tuesday, July 4, the Office of the Attorney-General said “The Office of the Attorney-General and Ministry of Justice has observed with serious concern the increased tendency for various persons, including members of the legal profession of considerable standing, to run extremely prejudicial commentary on cases pending before the courts.

“The cases which have been the subject of unwarranted public commentary include but are not limited to, Republic vrs.

Cassiel Ato Forson & 2 Others.

“Whilst respecting the freedom of all persons in Ghana to comment on any matter including cases pending in court, the Attorney-General and Minister for Justice takes note that much of the recent commentary on many of the so-called high-profile criminal cases transgresses permissible limits of free speech, unduly interferes with the work of State Prosecutors performing their constitutional function of prosecuting crime in Ghana and tends to put unnecessary pressure on the courts.

The perception that a crime committed by a person of high political standing in society should not be prosecuted is dangerous for society and must not be countenanced.

“The Office of the Attorney-General and Ministry of Justice observes that many of the recent comments by various persons on some criminal matters, particularly those mentioned above (widely publicised in the media), clearly exceed the bounds of acceptable speech as they seek to disparage prosecutors in the eyes of the public and frustrate prosecution of those cases.

We must respect due process.”

Several people have asked him to stop the case against Mr Gyakye Quayson.

For instance, the Omanhene of the Dormaa Traditional Area in the Bono Region and the President of the Bono Regional House of Chiefs, Oseadeoyo Agyeman Badu II, while speaking at the 10th-anniversary lecture of John Evans Atta Mills, in Sunyani, said “As a matter of urgency, I am appealing to the president of the republic that if he has any role to play in that trial should be aborted.

If he is in court, he can’t fulfill his mandate so the president and the Attorney General should do something urgently to end this matter, so we move on as Ghanaians,”  Osagyefo Agyemang Badu who is also a High Court Judge added.

Earlier, a private legal practitioner Mr Kwame Jantuah also told Mr Dame to file a nolle prosequi in the criminal trial of Gyakye Quayson.

Mr Jantuah said that if Mr Gyakye Quayson is jailed by the court, the people of Assin North will not forgive the New Patriotic Party (NPP)

“I think the Attorney General should file a nolle prosequi in this case, he should discontinue this case.

Do you think the people in the constituency will forgive the NPP if Gyakye Quayson is jailed?

“This constituency is nobody’s stronghold, so the NPP should go back to the ground and engage the voters.”

Meanwhile, Mr Gyakye Quayson is appealing a High Court ruling to have his criminal case heard on a daily basis.

The Court presided over by Justice Mary Yanzuh on Friday, June 23 dismissed an application by lawyers of Mr Gyakye Quayson to have a hearing on the case varied.

The ruling implied the MP would from Tuesday, July 4, when the hearing begins, appear in court daily irrespective of his status as a lawmaker.

He also cites the ruling as a breach of Mr Gyakye Quayson’s right to a fair trial.