Mr Kwabena Adu-Boahene, the immediate past Director of the National Signals Bureau, has filed a motion at the Supreme Court seeking to stop the trial of High Court judge, Eugene Nyante-Nyandu, from conducting proceedings in the GH¢49 million cyber defence software contract case.
The latest move comes after the High Court refused an application by lawyers for Adu-Boahene to stay his criminal trial while an appeal of an earlier ruling runs its course on October 17.
The defence had asked the court to suspend proceedings pending the determination of an appeal over a prior decision denying them access to certain disclosure material.
The High Court declined the defence’s application for a stay of proceedings. That means the trial will continue while the appeal is heard; the appeal will not automatically halt the prosecution.
The defence team, led by Samuel Atta-Akyea, appealed a previous High Court ruling that denied them access to additional documents they say are material and exculpatory.
They argued that without those documents, their clients could not get a fair trial and, therefore, asked the court to stay the ongoing criminal proceedings pending the appeal. Coverage of the disclosure dispute and the stay request has featured in earlier hearings.
The state, led by the Deputy Attorney-General, Dr Justice Srem-Sai, opposed the stay.
Prosecutors argued that the defence had not established exceptional circumstances justifying a halt and that the requested materials were either irrelevant or not held by the prosecution, points that underpinned the earlier refusal to order further disclosure.
In March, the Economic and Organised Crime Office (EOCO) arrested the former Director-General at the Kotoka International Airport (KIA) upon his arrival from London on a British Airways flight.
The wife was also arrested when she visited EOCO to check on the husband.
Adu-Boahene is accused of embezzlement of state funds.
According to the AG, the arrest has to do with his alleged involvement in financial misconduct.
BY MALIK SULLEMANA
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