THE REPUBLIC vs STEPHEN KWABENA OPUNI &2 OTHERS

GYAESAYOR, JA This is a repeat application seeking a Stay of proceedings in a criminal trial which is ongoing at the High Court, Accra. The Applicants, are second and third persons being tried for various offences in the High Court. In the course of the trial, the Appellants/Applicants sought to tender certain documents through the 2nd Prosecution witness one Dr. Alfred Arthur (PW2). An objection was raised by the Director of Public Prosecution for various reasons amongst which is the fact that Dr. Alfred Arthur is the witness for the prosecution and that it is not appropriate for them to tender the document through him and further that he is not the author of the document or a member of the committee set up to investigate the loss of that document. Furthermore, that the document sought to be tendered had nothing to do with the trial. On the other hand, the Applicant argued that the document sought to be tendered is in the official custody of Cocoa Research Institute of Ghana...