MR Richard Takyi Mensah, the first prosecution witness testifying in the trial of the Assin North Member of Parliament (MP), Mr Gyakye Quayson, said he presented his petition together with other documents to an officer at the Criminal Investigations Department (CID) of the Ghana Police Service.
Mr Mensah told the Accra High Court that he, however, could not exactly recollect the officer he gave the documents to at the CID.
The witness, who was under cross-examination by counsel of accused, Mr Tsatsu Tsikata, told the court that he did his own search and investigations and that was how he got his facts, which culminated in the petition.
As to where he got the information and whether he was truthful to the court, the witness said “I did the search where I thought I’d get the information from and it is upon the search and investigations that I came across the documents I presented at the CID Headquarters.”
But, Mr Tsikata expresses reservations about the response of the witness, saying it should be apparent that the credibility of a witness is an important element in the cross-examination.
“The witness states boldly in this case that he presented a petition he cannot remember whether he submitted to an officer or director that puts into question whether he really presented a petition, your petition you didn’t attach the statement. “
Mensah in his previous appearance told the court he has been at the premises of the Electoral Commission (EC) and was also aware of a complaint lodged at the EC against the candidacy of Mr Quayson over the 2020 parliamentary elections.
The witness said his petition to the Director General of the CID was written in English and identified the signature and the statement as his.
Lawyers for Mr Quayson filed an appeal challenging the decision of the High Court to dismiss their motion for a review of the court’s previous orders.
The High Court had earlier ruled against a motion challenging its decision to hear the case involving Mr Quayson and the Republic on a day-to-day basis.
Mr Tsikata said the court erred in law when it failed to give due attention to important considerations such as constitutional rights of the accused in exercising its discretion.
“Notice of errors of law set out in the notice of appeal, including the endorsement, in effect, of prejudice to a fair trial clearly is in breach of the accused person’s constitutional rights to a fair trial,” he said.
The SC nullified Mr Quayson’s election as MP for Assin North for holding Canadian citizenship and being a Ghanaian when he filed his nomination to contest the election in 2020.
He now faces charges of perjury and deceiving a public officer.
Mr Quayson was, however, re-elected following a by-election conducted by the Electoral Commission on Tuesday, June 27, 2023.
Hearing continues on July 26.
BY LAWRENCE VOMAFA-AKPALU
