Plea bargain talks in Wontumi's Exim Bank case at advanced stage – Deputy Attorney General

Plea bargain negotiations between the State and New Patriotic Party (NPP) Ashanti Regional Chairman, Bernard Antwi Boasiako, popularly known as Chairman Wontumi, in the Exim Bank criminal case have reached an advanced stage, Deputy Attorney General and Minister for Justice, Dr Justice Srem-Sai, has disclosed.

The revelation was made before the High Court on Monday, July 27, after Samuel Atta Akyea, the new lawyer for the first and third accused persons, informed the court that he had taken over the defence following the withdrawal of the previous counsel, Andy Appiah-Kubi.

Mr Atta Akyea subsequently applied for an adjournment until October to allow both parties sufficient time to conclude discussions on a possible plea bargain.

Responding to the application, Dr Srem-Sai said the prosecution was equally interested in continuing the negotiations but proposed a shorter adjournment of 30 days instead of the 90-day period requested by the defence.

He told the court that the plea bargain discussions had made significant progress before they were interrupted by Chairman Wontumi's conviction in a separate criminal case.

“We have received an offer, and we have made a counteroffer, which we were supposed to conclude last week before the accused person’s conviction in another matter derailed the negotiation,” Dr Srem-Sai told the court.

The Deputy Attorney General explained that although the law permits plea negotiations to continue while a trial is ongoing, the prosecution was prepared to temporarily suspend proceedings because discussions were at an advanced stage.

He added that the State also wanted to avoid filing its disclosures in a manner that could affect the ongoing negotiations.

“Most importantly, in order not to let disclosures, which we are yet to do, prejudice the plea negotiations, which indeed are far advanced, we would pray that My Lady accepts our waiver of the right to continue with proceedings and rather take a short adjournment to attempt concluding the negotiations before being directed to file our disclosures,” he said.

Mr Atta Akyea agreed with the prosecution's position but urged the court to adjourn the case until the next legal term in October, expressing optimism that both parties could reach an agreement that would result in the withdrawal of the charges.

The presiding judge, however, ruled that the court would continue to be guided by the legal provisions governing plea bargaining and would not suspend the trial indefinitely.

“I want to stay within Section 152(c)(5). I will adjourn with the view that the case is proceeding to trial without prejudice to the plea bargain,” the judge ruled.

The matter has been adjourned to August 27 for further directions.

Meanwhile, Member of Parliament for Manhyia South, Nana Agyei Baffour Awuah, explained that Mr Atta Akyea's appointment as lead counsel followed a directive by the New Patriotic Party for him to take over all legal cases involving Chairman Wontumi.