Attorney General to oppose Wontumi's bid to defer July 3 judgement in Samreboi case
The Attorney General will oppose an application by lawyers for New Patriotic Party (NPP) Ashanti Regional Chairman Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, seeking to postpone judgment in the Samreboi illegal mining case.
The application, filed by newly appointed lawyer Samuel Atta Akyea, is asking the High Court in Accra to defer the scheduled July 3 judgment to allow him time to study the case records and prepare written submissions for his clients.
The motion follows the withdrawal of the previous lawyer for the accused persons at what Mr. Atta Akyea described as a crucial stage of the proceedings.
"The Attorney General will strongly oppose the application for deferment of judgment brought by Mr. Samuel Atta Akyea Esq., new Lawyer for Bernard Antwi Boasiako," a social media post by the Operation Recover All Loots (ORAL) initiative said on Thursday, June 25.
According to the Attorney General's opposition affidavit, the accused persons had legal representation throughout the trial and the former lawyer voluntarily withdrew from the case rather than being removed by the court.
The affidavit, deposed to by Senior State Attorney Nana Ama Prempeh, argues that the appropriate avenue for the new lawyer to obtain records and briefings on the case is through the outgoing counsel and not the court registry.
The state further contends that the decision to seek the documents from the court registry instead of the previous lawyer is intended to delay proceedings.
"It is further deposed to that the decision by Counsel to abandon the proper source of obtaining the records or brief of the case and to, rather, apply to the Court's Registry is actuated by mala fides and a desire to frustrate the course of justice," the post stated.
The Attorney General is also urging the court to dismiss the application, arguing that granting it would amount to an abuse of the court process and undermine public confidence in the justice system.
Mr. Atta Akyea, in his application filed on June 23, argued that he was recently engaged after the previous lawyer withdrew his services, leaving the accused persons without legal assistance at a critical stage.
He said he had requested certified copies of the proceedings and other court documents to enable him adequately represent his clients but had not yet received them.
The lawyer stressed that the application was not intended to obstruct the administration of justice but rather to ensure effective legal representation and uphold the accused persons' right to a fair hearing.
The application is scheduled to be heard by the High Court on Monday, June 29, at 9:00 a.m.