The Applicant (Dr Opuni) through his Counsel in the application was seeking for an order directed at Dr Adu-Ampomah to show why he should not be committed to prison for perjury under the inherent jurisdiction of the court.
On Tuesday, January 28, when the case was called and before Mr Samuel Cudjoe, Counsel for Opuni could move the motion, he was advised by the presiding judge, Justice Clemence Honyenugah, an Appeal Court Judge, sitting as an additional High Court Judge.
Justice Honyenugah said he was of the opinion that it would be a wise precaution to postpone the action on perjury till after the closure of the case under trial.
He said where the action was taken in a summary trial before the close of the trial, the affected accused upon conviction may appeal to the court on the grounds of prejudice.
He said the court would have to examine the proceedings and evidence carefully to ascertain whether in fact perjury has resulted and if indeed it happened, it may be necessary to quash the evidence.
Justice Honyenugah said in this case, Dr Adu-Ampomah was still undergoing cross-examination by Counsel for Seidu Agongo, after a long cross-examination from the Counsel for Dr Opuni and the case was ongoing.
He said before considering the instant motion, there would be the need to evaluate the evidence given in the trial as a whole and vice versa.
“It is my opinion that to avoid prejudice and ensure fair play and justice, it was desirable that the motion be adjourned sine die.”
Consequently, the motion to commit Dr Yaw Adu-Ampomah for perjury was adjourned sine die.
Dr Opuni and Mr Agongo are facing 27 charges, including defrauding by false pretences, wilfully causing financial loss to the state, money laundering, corruption by public officer and acting in contravention of the Public Procurement Act.
They have pleaded not guilty and have been granted a GH¢300,000.00 each self-recognisance bail by the Court.