Private legal practitioner Samson Lardy Anyenini has questioned whether the ongoing criminal trial involving former National Signals Bureau Director Kwabena Adu-Boahene can proceed if his defence lawyer is unavailable during the legal vacation.
Speaking on Joy FM’s Top Story on Tuesday, August 11, Mr Anyenini said while he does not disagree with the Chief Justice’s position on the need to expedite the determination of cases, he believes the absence of defence counsel could affect the continuation of the trial.
“I think that eventually we may find, and the case may not continue without counsel,” he said.
His comments follow the decision by lead counsel for Mr Adu-Boahene and his wife, Angela Adjei Boateng, Samuel Atta Akyea, to stay away from court on Tuesday, August 11.
Mr Atta Akyea has justified his absence by arguing that the legal vacation is traditionally a period set aside to allow lawyers to rest after extensive courtroom work.
Mr Anyenini, who has practised law for decades, said his own experience has been that lawyers have traditionally been permitted to take a break from court proceedings during the vacation.
“I was called to the Bar 50 years ago. I have been an active practitioner in the courts. I go to court almost on a daily basis,” he said.
“I have done criminal cases, including in the lower courts, which are not on vacation as we speak. But during vacations, judges have indulged me and have indulged my colleagues, even in the lower courts, to stay away during the vacation and then we resume,” he added.
Mr Anyenini therefore suggested that the practical application of the Chief Justice’s directive could depend on whether defence counsel is available to participate in the proceedings.
He also challenged the notion that lawyers should be compelled to conduct substantive trials during the vacation, drawing on his own long experience at the Bar.
“I would respectfully ask you to ask him if he has ever been compelled to conduct a case during the vacation since he was called to the Bar,” he said, referring to the Deputy Attorney General.
Mr Anyenini stressed that his position is based largely on his experience of legal practice and the longstanding approach to court proceedings during vacation periods.
This comes at a time the High Court in Accra has technically given former Director-General of the National Signals Bureau (NSB) and his wife, Angela Adjei Boateng, six days to secure the presence of their lawyers for the continuation of their trial on August 17.
The court warned that if they fail to appear with counsel on the next adjourned date, they will be required to personally continue the cross-examination of the fourth prosecution witness.
Justice Francis Apangabonu Achibonga, a Justice of the Court of Appeal sitting as an additional High Court judge, further directed that if the accused persons fail to conduct the cross-examination themselves, the witness will be discharged.
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