EDMUND ADDO VS ATTORNEY GENERAL
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE NICHOLAS M.C. ABODAKPI J.
Areas of Law
- Criminal Law and Procedure
- Constitutional Law
- Civil Procedure
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves an application for stay of proceedings in a criminal trial. The Applicant, charged with defilement and child pornography, argues that commencing the trial de novo due to a change in judges would violate his rights to a fair trial and education. The court, in exercising its discretionary power, dismisses the application for stay of proceedings. The judge emphasizes that in criminal proceedings, a balance must be struck between the rights of the complainant and the accused. The court notes that to grant a stay, the Applicant must establish 'exceptional' circumstances, which may include jurisdictional issues, statutory infractions, or human rights violations. However, the court finds that the Applicant failed to demonstrate that the delay was solely attributable to the Respondent and that this case does not warrant the exercise of the court's discretion in the Applicant's favor. The application is dismissed without costs awarded.
The Applicant in this interlocutory application for stay of proceedings is praying for an order to stay proceedings in the criminal trial before the Circuit Court ‘5’, Accra.
The motion has been filed on 04/04/2019. On 12/03/2019, applicant filed an application for an order to restrain the Attorney General/Respondent, herein from interfering with his right to fair trial and education.
The main issues in the substantive application is the propriety in starting the trial of Applicant de novo, on charges preferred against him at the Circuit Court ‘5’, Accra, which has been pending for years.
The deposition of Applicant in support of this application is to the effect that he was arrested on 27/05/2016 and arraigned on 02/06/2016 on charges of defilement and child pornography.
And for the past two and a half years the trial has been on going, but upon the transfer of H/H Mrs. Abena Oppong Adjin –Opoku the trial Judge, the new Judge [H/H Rita Abrokwa Doko (Mrs. )], who has taken over, has stated the trial, has to commence de novo.
It is Applicant’s contention that his right to a fair trial and education will be affected adversely.
And with his application to enforce rights as a fore mentioned, pending in this Court, the commencement of the trial de novo in the Circuit Court, will be prejudicial.
And grave hardship and injustice will occur in relation to the rights he is seeking to enforce.
In opposition, the Respondent contended that, this application is only calculated to further delay the trial of Applicant and to deny justice to the victim.
Firstly, it has been stated that Applicant has been charged with the offence of defilement and child pornography contrary to Section 101 of the Criminal Offences Act, 1960. Act 29 and Section 136 of the Electronic Act, 2008, ACT 772. The details of the facts on which he has been charged were also stated.
Secondly, Respondent contended that, Applicant took steps that impeded early trial of the case.
That this included application to stop examination of his phones and lap-top seized by Police.
And the resolution of this took time, until the Police had the opportunity to conclude the investigation.
It has been contended also that, Applicant was uncooperative, when the examination of the equipment was being carried out by the Police.
Thirdly, it is Respondent’s case that presently case management conference has started, and is half way through, and then the complaint that a trial de novo will be an infringement