The High Court has granted a request by the prosecution to recall a key witness, Latif Oshenu, in the ongoing trial of James Gyakye Quayson.
The application, filed by Principal State Attorney (PSA) Esi Dentaa Yankah, was based on Section 79 and Section 68(1) of the Evidence Act. It sought to allow the witness to reappear in court to address an issue regarding an exhibit submitted as evidence.
During cross-examination, Oshenu, the fifth prosecution witness, informed the court that a page was missing from the exhibit he had previously tendered. The prosecution, therefore, sought his recall to ensure the complete document was placed before the court for proper reference.
In her argument, PSA Yankah stated that the court had the discretion to recall a witness and urged the judge to exercise that discretion in favor of the prosecution. She emphasized that the missing page was crucial to the case and that its absence could hinder a fair assessment of the evidence. A copy of the missing page was attached to the prosecution’s affidavit in support of the motion.
Renowned lawyer Tsatsu Tsikata, representing the accused, did not oppose the application but noted that the document in question was the same one originally tendered by the prosecution, with no alterations.
Following submissions from both parties, the court, presided over by Her Ladyship Justice Mary M.E. Yanzuh, granted the prosecution’s application. The judge ordered that the witness be recalled to submit the complete document and directed the prosecution to attach the original document to their application in line with court procedures.
Additionally, the court reminded the prosecution of its previous order to provide certain documents to the defense, emphasizing that compliance was mandatory before the next hearing.
The case has been adjourned to February 12 at 10:00 a.m.
