An Accra High Court presided over by Justice Samuel Asiedu has fixed December 18, to commence trial of the National Chairman of the National Democratic Congress (NDC), Samuel Ofosu-Ampofo and one Kweku Boahen who are facing charges of assault.
The court had earlier dismissed an application by lawyers of Kweku Boahen challenging the witness statement of one Listowel Fodjour.
It was the case of the lawyers that the said witness statement was filed out of time and should be struck out.
Lawyer Aziz Bamba argued that by practice, they were to file it at least two days before the Case Management Conference but the AG defiled those orders by the court.
Counsel added that the AG failed to seek leave of the court neither did it offer any explanation to them filing late. He describe the statement as incompetent and prayed for it to be strucked out.
The Director of Public Prosecution, Yvonne Atakorah Obuobisah conceded that the said witness statement was filed out of time, but she prayed the court to admit their statement because the rule of disclosure is a process and the burden lies on the prosecution to serve the accused with all documents in their possession.
The court in its ruling said even though the rules of disclosure states that document be filed days before the case management, the trial has not began.
The court however, refused the application and fixed the 18th of next month for the trial to commerce.
Yvonne Asare Offei
