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 an ongoing theft trial.
Botwe, a former house help, is accused of stealing large sums of money from Dapaah’s residence. Her legal team filed an application requesting access to these documents, claiming they were crucial for her defence.
Botwe’s lawyers argued that the statements were vital for effectively cross-examining Dapaah and her husband, key witnesses in the case. Previously, they attempted to obtain the documents through a Right to Information (RTI) Act request, but the OSP denied it, citing exemptions.
In response, Botwe’s legal team sought a court ruling to compel the release of the documents. The OSP opposed the request, arguing that it was premature and that the court’s jurisdiction had been improperly invoked.
However, Justice Marie-Louis Simmons dismissed these objections, emphasising the court’s duty to ensure a fair trial.
Justice Simmons cited Article 19(2)(e)(g) of the 1992 Constitution, which guarantees an accused person’s right to adequately prepare a defence.
She stated that access to the requested documents was crucial for Botwe’s defence, especially in light of inconsistencies in the accounts provided by Dapaah and her husband regarding the source of the stolen funds.
The court ruled that withholding these documents would undermine the accused’s ability to challenge the prosecution’s case. However, the court denied Botwe’s request for recordings and transcripts of the interrogations, noting that they were not essential at this stage of the trial.
The OSP was instructed to provide the requested documents within a week, allowing Botwe’s legal team adequate time to prepare for cross-examination.