Former Deputy Executive Director of the National Service Authority (NSA), Gifty Oware-Mensah, has applied to the High Court in Accra to refer aspects of the Practice Direction on Disclosures to the Supreme Court for constitutional interpretation.
Ms. Oware-Mensah argues that provisions which allow a trial court to order an accused person to file a list and addresses of witnesses intended to be relied on during the Case Management Conference stage are inconsistent with Articles 19(2)(c) and (e) of the 1992 Constitution, which guarantee the right to a fair trial.
She is therefore asking the court, presided over by Justice Audrey Kocuvie-Tay, to stay proceedings in her trial pending a determination by the Supreme Court. Ms. Oware-Mensah is facing six counts, including charges related to the alleged stealing of proceeds in the National Service Scheme (NSS) “ghost names” scandal.
The State has strongly opposed the application.
The Director of Public Prosecutions (DPP), Mrs. Yvonne Attakora Obuobisa, led by Deputy Attorney General Dr. Justice Srem-Sai, argued that the disclosure provisions in the Practice Direction are clear and do not conflict with the constitutional rights cited by the defence.
According to the prosecution, the Practice Direction does not infringe on the accused person’s right to a fair trial and should not be referred to the Supreme Court for interpretation.
In a related development, prosecutors from the Office of the Special Prosecutor (OSP) also briefed the court on steps taken by the Attorney General regarding ongoing extradition processes involving former Finance Minister Ken Ofori-Atta, who has been charged together with others in connection with the SML deal.
The court is expected to rule on the application for referral and the request for a stay of proceedings at a later date.
Source :www.kumasimail.com
