The High Court in Accra has ordered the Office of the Special Prosecutor (OSP) to provide investigation caution and charge statements related to Cecilia Dapaah, the former sanitation minister, and her husband to Patience Botwe, who is the first accused in the ongoing criminal trial concerning the alleged theft of significant amounts of money from Madam Dapaah’s home.
This decision came after Patience Botwe’s application for access to the investigation statements, charge documents, and transcripts of interviews conducted by the OSP with Dapaah and her husband. Her legal team argued that these documents were vital for her defense and for effectively cross-examining Cecilia Dapaah and her husband, who are witnesses in the case.
Botwe’s lawyers had previously requested these documents under the Right to Information (RTI) Act, but the OSP denied the request, claiming the information was exempt under the Act. Consequently, her lawyers sought the court’s intervention.
The OSP opposed the request, arguing that the court’s jurisdiction was not properly invoked and that the request was premature. However, Justice Marie-Louis Simmons dismissed these objections, affirming the court’s inherent powers to grant the request. She cited Article 19(2)(e)(g) of the 1992 Constitution, which ensures that accused individuals have adequate time and resources to prepare a defense and examine prosecution witnesses.
The judge emphasized that it is the right of the accused to access all relevant documents held by the prosecution, including those from third parties like the OSP. She also referenced a Supreme Court ruling in the Baffoe Bonnie case, which underscored the necessity for accused persons to access materials essential for their defense.
Botwe’s legal team highlighted inconsistencies in the accounts given by Madam Dapaah and her husband, particularly concerning the source of the stolen funds, making these documents crucial for cross-examination. They noted prior communications from the OSP suggesting that Cecilia Dapaah and her husband could not adequately explain the origin of some of the stolen money.
While the court granted access to the investigation and caution statements, it denied Botwe’s request for the recordings and transcripts of the interviews and interrogations of Dapaah and her husband. The OSP has been instructed to provide the requested documents within a week of the court’s ruling.
