An Accra High Court has ordered the Office of the Special Prosecutor (OSP) to release the investigation, caution and charge statements of former Sanitation Minister Cecilia Dapaah and her husband to Patience Botwe, the primary accused in a criminal trial currently underway.
This case centers around the alleged theft of large sums of money from Dapaah’s home. Botwe, who previously worked as a housekeeper, had filed a motion requesting these documents, asserting that they were crucial for her defense.
The legal representatives of the primary accused, highlighted the need for these statements to effectively cross-examine Dapaah and her husband, both of whom are key witnesses in the proceedings.
Earlier attempts were made by Botwe’s team to access the documents via a Right to Information (RTI) request, but the OSP declined, citing exemptions.
Subsequently, Botwe’s lawyers approached the High Court, seeking its intervention to secure the necessary documentation for the defense.
The OSP opposed the application, arguing that the court’s authority had been improperly invoked and that the request was premature.
However, Justice Marie-Louise Simmons dismissed these objections, emphasizing the court’s inherent authority to ensure a fair trial.
She underscored the necessity of granting the accused access to relevant documents as provided under Article 19(2)(e)(g) of the 1992 Constitution, which safeguards an accused person’s right to adequately prepare a defense.
In her ruling, Justice Simmons stated that access to the requested statements was essential for Botwe’s legal team to effectively cross-examine Madam Dapaah and her husband, particularly given discrepancies in their testimonies regarding the origins of the stolen funds.
The court further emphasized that withholding these documents would obstruct the accused’s ability to contest the prosecution’s case.
While the court allowed Botwe access to the investigation and caution statements, it rejected her request for the recordings and transcripts of Dapaah and her husband’s interviews and interrogations.
Justice Simmons explained that such materials were not deemed critical to Botwe’s defense at this stage of the trial.
The OSP has been directed to provide the necessary documents within a week of the court’s ruling, ensuring that Botwe’s legal team has ample time to prepare for cross-examination.
