[2019]DLHC16344June 6, 2019High Court

EDMUND ADDO vs ATTORNEY GENERAL

The applicant, Edmund Addo, was arrested on 27 May 2016 and arraigned on 2 June 2016 on charges of defilement and child pornography. The trial has been ongoing for over two and a half years before Circuit Court '5', Accra. Following the transfer of the original trial judge, the new judge ordered the trial to commence de novo. The applicant contended that this would adversely affect his rights to a fair trial and education.

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RULING BY COURT: The Applicant in this interlocutory application for stay of proceedings is praying for an order to stay proceedings in the criminal trial before the Circuit Court ‘5’, Accra. The motion has been filed on 04/04/2019. On 12/03/2019, applicant filed an application for an order to restrain the Attorney General/Respondent, herein from interfering with his right to fair trial and education. The main issues in the substantive application is the propriety in starting the trial of Applicant de novo, on charges preferred against him at the Circuit Court ‘5’, Accra, which has been pending for years. The deposition of Applicant in support of this application is to the effect that he was arrested on 27/05/2016 and arraigned on 02/06/2016 on charges of defilement and child pornography. And for the past two and a half years the trial has been on going, but upon the transfer of H/H Mrs. Abena Oppong Adjin –Opoku the trial Judge, the new Judge [H/H Rita Abrokwa Doko (Mrs....