A consolidated application by Dr Stephen Opuni, Siedu Agongo and Agricult Ghana Limited to stay proceedings of an Accra High Court trying them had been shot down.

Dr Opuni is the Chief Executive of Ghana Cocoa Board (COCOBOD) and Siedu Agongo is a businessman and the Chief Executive Officer (CEO) Agricult Ghana Ltd.

The accused persons had wanted to stay the court proceedings pending a determination of an application before the Court of Appeal.

Thus, the accused persons were hoping the High Court presided over by Justice Clemence Honyenuga will stay its proceedings for the Court of Appeal to decide on a ruling it gave on their applications of no case.

However, the High Court held that the accused persons could not prove any exceptional circumstances or backed their application with any law for it to be considered.

Nonetheless, Samuel Cudjoe, the defence counsel for Dr Opuni pointed out to the justice that the court erred in its decision by excluding some of the exhibits and making them as rejected.

According to him, if the high court had maintained those exhibits or documents it could have had an impact on the conclusion made on the no case submission.

 Nutifafa Nutsukpi, lawyer for Siedu Agongo and Agricult Ghana Ltd urged the court that the exclusion and rejection of those documents could only be interpreted that the case has already be determined or the accused persons fate had been decided even before they will open their defence.

He was of the view that if the trial court could rejects documents even at no case submission stage then least should be expected at the judgement stage.

Mr Nutifafa quizzed the court why would it reject some documents on the conclusion that they are hearsay when similar ones by tendered by the prosecution team had been allowed in as evidence.

However, the prosecution team led by Mrs Evelyn Keelson indicated to the court that it was right in its decision to reject those exhibits as hearsay documents.

She further urged the court that no law compels it to stay its proceedings and also that the accused persons had not been able established any exceptional circumstance or reason, for which their applications should be considered.

The court concluded that the accused persons consolidated application had no grounds, hence was dismissed.

 Justice Honyenuga yesterday ordered Dr Opuni to open his defence coming June 7.

By Akutu Dede Adimer