Court orders OSP to release investigation caution, charge statements of Cecilia Dapaah and husband
By DL News
Published
1 min read
The case revolves around the alleged theft of large sums of money from Dapaah’s residence. Botwe, who previously worked as a house help, requested these documents, claiming they were critical for her defense.
The High Court in Accra has instructed the Office of the Special Prosecutor (OSP) to release the investigation caution and charge statements of Cecilia Dapaah, the former sanitation minister, and her husband to Patience Botwe, the first accused in an ongoing criminal case.
The case revolves around the alleged theft of large sums of money from Dapaah’s residence. Botwe, who previously worked as a house help, requested these documents, claiming they were critical for her defense.
Her legal team emphasized the significance of these statements for cross-examining Dapaah and her husband, both of whom are key witnesses. Earlier attempts to obtain the documents under the Right to Information (RTI) Act were denied by the OSP, which argued that the information was exempt from disclosure.
As a result, Botwe's lawyers petitioned the High Court to intervene and secure the documents needed for the defense.
The OSP contested the application, stating that the court’s jurisdiction had not been properly invoked and that the request was premature. However, Justice Marie-Louis Simmons dismissed these objections, emphasizing the court's responsibility to ensure a fair trial.
Justice Simmons referred to Article 19(2)(e)(g) of the 1992 Constitution, which guarantees an accused person’s right to prepare a defense, and stressed that access to the requested documents was crucial for Botwe's legal team to effectively cross-examine Dapaah and her husband, particularly due to inconsistencies in their statements regarding the origin of the stolen funds.
The court noted that denying access to these documents would undermine the accused's ability to challenge the evidence presented by the prosecution.
While the court granted access to the investigation and caution statements, it denied Botwe’s request for recordings and transcripts of the interviews and interrogations of Dapaah and her husband, stating that these were not necessary for the defense at this point in the trial.
The OSP has been ordered to provide the required documents within one week, allowing Botwe’s legal team ample time to prepare for cross-examination.
