A Commercial Court in Accra has threatened to issue a warrant for the arrest of former chief executive officer of the defunct Capital bank, William Ato Essien, over delay tactics.
The court presided over by Justice Eric Kyei Baffour, says it will be forced to act as the first accused person and his lawyers continue to delay in the presentation of his [Ato Essien’s] evidence in chief to the court.
Ato Essien, opened his defence on the 4 November 2021. He subsequently appeared before the court on the 11 and 18 November 2021 to continue his evidence in chief.
However, he failed to appear today (25 of November) to continue same.
Doctor’s Letter
Lawyer for Ato Essien, Baffour Gyau Ashia Bonsu, presented a letter from the doctors of his client indicating to the court that Ato Essien was suffering from sleep Apnea – a potentially serious sleep disorder in which breathing repeatedly stops and starts.
The condition is believed to be more common in men.
Request for Adjournment
Essien’s lawyers to this end, asked the court for a two-week adjournment to allow their client to recover from his medical condition.
However, Justice Eric Kyei Baffour’s court did not consider the excuse of the first accused person tenable. The court indicated that in order to avert the delay, it is forced to make specific orders with regard to the case.
“I have been shown a letter purported to have emanated from one Dr Rex Kwame Bonsu of Korle Bu Teaching hospital. In the said letter, it is claimed that the witness before the court who is the first accused in the case has been diagnosed with what the doctor claims is obstructive sleep disorder, (Sleep Apnea). The letter proceeds to state that the blood pressure of the first accused is also flatulating” Justice Kyei Baffour said in his ruling.
“Having opened his defence in respect of the charges against him which provides for anxious moments, these symptoms are natural products and I don’t see it as a good basis for the first accused being absent from court. Beyond this, the court has observed the snail pace approach that has been adopted in the delivery of the examination in chief of the first accused” the court further said .Orders of the court “To avert further delays, the court in the exercise of it powers and discretion intends to ameliorate any medical condition that is afflicting the 1st accused by giving […]
