OSP Directed To Provide Cecilia Dapaah's Caution Statement To Her Former House Help
- The Office of the Special Prosecutor has been directed to provide Cecilia Dapaah's caution statement to her house help's legal team
- The house help, Patience Botwe, who is facing trial in the alleged theft case at Dapaah's residence, said it would help her defence
- Despite opposition from the OSP, the High Court directed it to provide the documents within a week of receiving the ruling
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An Accra High Court has directed the Office of the Special Prosecutor (OSP) to provide Cecilia Dapaah’s investigation caution and charge statements to Patience Botwe, the first accused in the ongoing theft trial.
Botwe, who is facing prosecution for her alleged involvement in the theft of large sums of money from Cecelia Dapaah’s residence, is also set to receive Dapaah’s husband’s caution and charge statement.
Source: Facebook
The former house help had applied for the investigation statements, charge documents, and transcripts of the OSP’s interviews with Cecilia Dapaah and her husband.
Patience Botwe’s lawyers had argued that the documents were necessary for her defence and would prove beneficial during the cross-examination of Dapaah and her husband, the case's witnesses.
The request followed an earlier unsuccessful Right to Information (RTI) request to the Special Prosecutor for the same documents. The OSP had denied the request, claiming that the information was exempt under the Act.
When the lawyers petitioned the High Court to intervene in the matter, the OSP challenged the court’s jurisdiction to compel it to heed the request.
However, the presiding judge, Justice Marie-Louis Simmons, dismissed the OSP’s objections, arguing that the court had inherent powers to grant the request.
Citing Article 19(2)(e)(g) of the 1992 constitution, she stated that Patience Botwe was guaranteed the constitutional right to adequate time and resources to prepare a defence and examine prosecution witnesses.
This included giving her access to all relevant documents, even those from third parties like the OSP, to aid her in building her case.
Why does Patience want Dapaah’s statement?
Patience Botwe’s legal team explained that the Dapaahs’ caution statements from the OSP would help establish the discrepancies in their accounts regarding the source of the stolen funds.
The legal team also said that the OSP’s previous communication concerning the Dapaah investigation would prove that the Dapaahs are unable to explain the origins of some of the stolen money.
The Accra High Court granted the lawyers’ request for the investigation and caution statements but denied them access to the recordings and transcripts of the interviews and interrogations.
The OSP has been directed to deliver the said documents within a week of receiving the court’s ruling.
ASEPA slams mishandling of Dapaah's case
YEN.com.gh reported that the Alliance for Social Equity and Public Accountability has criticised the handling of the Cecilia Dapaah case.
ASEPA boss Mensah Thompson expressed his view that the handling of the case thus far was clear evidence of a 'lost corruption fight'.
The Economic and Organised Crime Office (EOCO) and the Office of the Special Prosecutor (OSP) have also been at odds over the case.
Proofread by Bruce Douglas, senior copy editor at YEN.com.gh
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Source: YEN.com.gh
