Chief Justice Gertrude Torkonoo has in very strong terms expressed her disapproval at the ‘disrespectful conduct’ of the Assin North MP James Gyakye Quayson during his ongoing trial.
According to myjoyonline.com, the Chief Justice criticized the MP for repeatedly failing to appear in court and relying on his lawyers to represent him, which she considered to be an unfortunate practice.
During the commencement of today’s proceedings, despite the filing of applications at the apex court, it was observed that Gyakye Quayson was once again absent. Chief Justice Gertrude Torkonoo pointed out that this has become a recurring pattern, where the MP files applications but fails to appear on the scheduled date for the hearing.
She observed he more often than not fails to show up and causes one of his lawyers to file and swear to statements on his behalf.
The Chief Justice said such conduct was irregular and must not be encouraged.
“He doesn’t treat this court properly. He engages in this court, and he refuses to appear. When you ask the court to exercise discretion, you must treat the court properly,” she stated.
The CJ made this comment while presiding over a five-member panel to hear a case filed by the legislator.
The case involves Mr Quayson’s attempt to halt his trial by challenging the High Court’s decision to deny his request for certain documents from the prosecution. Attorney General Godfred Yeboah asserted that all required documents had already been provided to Mr Quayson’s legal team and cited correspondence as evidence of compliance.
However, Mr Quayson’s lawyers disagreed, claiming that the High Court should not have considered the referenced correspondence without their proper response. As a result, they brought the matter before the Supreme Court for review.
During the proceedings, Mr Quayson’s lawyer, Justin Teriwajah, argued in favour of setting aside the High Court’s decision, contending that the evidence presented was not appropriately sworn on oath.
“Our submission is that, in the main trial, evidence is taken on oath, in a determination of a motion, it must be based on evidence given on oath. Our position is that if facts are deposed, the opposing side has the option to respond. That wasn’t the case,” he said.
The Attorney General disagreed, highlighting irregularities in the filing process and defending the High Court’s judgment.
“Substantively, we submit that there is no error of law patent on the face of the record. An application invoking your jurisdiction must indicate matters which are patent.
“Where the court has to go beyond the depositions and fundamental attachments, clearly, that application does not properly invoke the supervision jurisdiction.
“It was an application for further disclosure. The application is improper and should be dismissed,” Godfred Dame said.
Despite the arguments presented, the Supreme Court upheld the High Court’s decision, emphasizing its jurisdiction over the matter. The apex court also ruled that the High Court committed no error of law.
“We have examined the processes and find no merit in the application. We find that the applicant was heard by the court and the court had jurisdiction to rule on the matter,” the Chief Justice ruled.
Throughout the proceedings, the Assin North MP was noticeably absent, drawing criticism from Chief Justice Gertrude Torkonoo and other panel members.
Justice Issifu Amadu Tanko expressed concerns that Mr Quayson’s lawyers were acting both as deponents and counsel, which could lead to conflicts of interest and hinder future cross-examinations.
“Supposing we want to have him cross-examined, you will disqualify yourself from counsel. You depose to the affidavit and you appear before us as counsel.”
“That practice was because your client has money, he sends you to the court. One day, when your wig is taken off, you will see,“
The Chief Justice further emphasized that such conduct is detrimental to the legal profession and sets a poor precedent for other litigants.
“This practice demeans the profession,” she stated.
The case was heard by Chief Justice Gertrude Torkonoo and Justices Issiufu Amadu Tanko, Emmanuel Kulendi, Samuel Asiedu and Ernest Gaewu.
