Deputy Attorney General Alfred Tuah-Yeboah has acknowledged that Chief Justice Gertrude Torkonoo is not entirely wrong in blaming prosecutors for delays in the prosecution of illegal mining (galamsey) cases.
He stated that the legal process involves three key parties—the prosecution, defense, and judiciary—each of whom plays a vital role in the timely delivery of justice.
Mr Tuah-Yeboah stated that while judges have the authority to control court proceedings, delays sometimes occur on the part of the prosecution.
“When it comes to criminal prosecution in court, basically you are talking about three parties – the prosecution, defense and court . If you look at these three personalities I am talking about, the one with the power to control proceedings is the judge and definitely, we have instances where the delays would also come from our side as prosecutors. So I don’t think the CJ is wrong on this call but is a tripartite system where each of the parties within the set up has a role to play,” he explained in an interview on Joy FM’s Top Story on Wednesday, October 2.
He explained that judges can push cases forward even if one party is absent, but in some instances, prosecutors may request adjournments due to valid reasons.
The Deputy A-G cited the complex prosecution of Aisha Huang, where the judge insisted on timelines despite the case taking a year to conclude.
His comments come after Attorney General Godfred Yeboah Dame blamed judges for the slow pace of galamsey case resolutions, urging the Chief Justice to instruct judges to conclude ongoing trials within one month, starting October 10, 2024.
Mr Dame highlighted that over 140 galamsey cases involving more than 850 accused persons remain pending, some dating back to 2020.
- Read also: Delays in galamsey cases often come from the work of prosecutors – Chief Justice tells AG
He stressed the urgent need for swift justice due to the severe environmental damage caused by illegal mining.
However, Chief Justice Torkonoo countered this, attributing delays to the prosecutors.
In response, Mr Tuah-Yeboah said in cases, where prosecutors pray for adjournments, they are sometimes for legitimate reasons.
“I can tell you, all the Attorneys in the Ministry who handle criminal prosecutions are always serious with their prosecutions but you have instances where Attorneys may go to court and pray for adjournment.”
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