The Court of Appeal on Wednesday adjourned an applications filed on behalf of Mr Philip Akpeena Assibit, an accused person standing trial in the GYEEDA case, sine die.
Mr Raymond Bagnabu, Counsel for the accused person, told the Court presided over by Justice Mrs Barbara Ackah- Yensu, Judge of Court of Appeal, that information gathered indicates that the State Attorneys would not end their strike any moment soon.
He said it would be unfair on his part to move the application, when they are absent.
Mrs Ackah-Yensu, sitting as a sole Appeals Court Judge, said there was proof of service at the Attorney General’s Department concerning the appeal application.
She said the Court agreed with the Counsel on the absence of the state prosecution and it would be unfair to continue the case.
“I, therefore, adjourn the case sine die”.
Mr Assibit has filed an application for stay of execution at the Appeals Court against the ruling asking him to open his defence.
The accused person had earlier filed submission of no case, which was rejected by a Financial Court, a division of the High Court.
On June 19, the High Court, ordered Assibit and Abuga Pele, a former Co-ordinator of the National Youth Employment Programme, to open their defence in respect of a GH¢ 4.1 million malfeasance case against them.
The order came after the Court had ruled that the state had established a prima facie case against Pele and Assibit, a representative of Goodwill International Ghana, in respect of 19 counts of defrauding by false pretences, abetment of crime, dishonesty and intentionally misapplying public funds and willfully causing financial loss to the state.
Mr Bagnabu served the Financial Court, hearing the substantial case, with a notice of appeal.
On the grounds of appeal, the applicant said the trial judge erred in failing to recognise that the existing outstanding contradictions in the evidence of the prosecution witnesses made it unjustified to call the accused to open his defence.
Mr Bagnabu said the Judge also erred when she applied wrong particulars of facts, in coming to her decision, as regards count seven.
He said the Judge erred in law in calling the accused person to open his defence when it was clear from the evidence adduced on records that most of the vital ingredients of the various offences were not made out and the testimonies of the witnesses had been so discredited in cross examination.
“The Trial Judge erred in law in failing to appreciate the import of the issues raised in the submission of no case filed by the accused person,” he said.
Pele and Assibit have both pleaded not guilty to all the charges, and are on bail.
The substantial case has been adjourned to July 31.
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