Justice Clemence Honyenuga has expressed shock over why the first accused person (A1) in a cocoa trial, Dr Stephen Kwabena Opuni witnesses always fall sick during cross-examination.

This was as, Samuel Codjoe, counsel for the former Chief Executive (CE) of Ghana Cocoa Board (COCOBOD) Dr. Stephen Kwabena Opuni, has for the second time presented excuse duty for another witness testifying on behalf of his client.

The excuse duty presented to the court presided over by Justice Clemence Honyenuga was not specific on the health condition of the second defense witness (DW2), Samuel Torbie but only claimed the latter had been admitted at the Greater Accra Regional Hospital or Ridge Hospital.

Mr. Codjoe told the court that he received the letter on Tuesday evening through another person, indicating that DW2 is on admission at the emergency ward of the Ridge Hospital.

He said: “I called him this morning after I opened and read the content of the envelope, which was addressed to me and he confirmed that presently he is at the hospital and he is on admission to the said emergency ward.

“He also informed me that the doctors are saying that they want to conduct further tests on him and they have assured him that after they finished with this test, he will be released at the weekend.” 

The counsel further told the court that when he asked him to get a medical report from the hospital for it to be shown to the court, the witness said the hospital doesn’t give the patient’s medical records to the court unless it requests for the records by order.

According to him, the witness has disclosed the disease he is suffering to him and has informed the court on in the Chambers but cannot do the same in the open, due to concerns of confidentiality.

 But, he added that “I informed my learned friends at the Bar this morning of this development and gave them photocopies of the Ridge Hospital excise duty indicating that he is on admission.”

The prosecution led by the Senior State Attorney (SSA) Evelyn Keelson responded even though she has been shown a copy of the excise duty of the witness by Mr. Codjoe, she is utterly shocked.

“Indeed, my Lord, I expressed my surprise at the sudden turn of events since the witness appeared to be in very good health just a couple of days ago. I also asked my learned friend (Mr. Codjoe) why the excise duty does not indicate the ailment the witness is suffering from and he told me that is as a result of issues of confidentiality. My Lord, we were ready to proceed with our cross-examination this morning but unfortunately, the witness is not available.” 

Justice Honyenuga also said he was equally surprised at the turn of events because the witness looks very energetic and did not look like somebody who could fall back within two days.

This, he said it seems witnesses for the first accused always fall sick during cross-examination, saying “I remember we had to adjourn this case for two whole weeks because of DW1 (Mr. Dodoo) who was allegedly sick and was on admission.” 

The judge continued that “I am again equally surprised at the excise duty form because no ailment has been stated on it because there is nothing hidden before the court in terms of ailment or otherwise.”

His Lordship lamented that the case has been traveling for almost four years without ending in sight and it was unfortunate that DW2 (Torbie) would also suffer the same fate as DW1. 

Dr Opuni is facing some 27 criminal charges with businessman Seidu Agongo and his company, Agricult Ghana Limited.

The court has adjourned the case to May 23 for continuation.