Accra High Court orders Special Prosecutor to release key documents in Cecilia Dapaah’s case

The Accra High Court, led by Justice Marie-Louise Simmons, has ordered the Office of the Special Prosecutor (OSP) to provide crucial investigation caution statements and charge documents relating to former Sanitation Minister Cecilia Abena Dapaah and her husband, Daniel Osei Kufuor. The court’s directive stems from an application filed by lawyers for Patience Botwe, an 18-year-old former housemaid of the couple, who is facing charges for allegedly stealing money from the couple’s home.

Botwe’s legal team argued that access to these documents was essential for cross-examining Daniel Osei Kufuor, who is currently in the witness box. They specifically requested the investigation caution statements, charge statements, and other interrogation-related documents from the OSP. According to Botwe’s counsel, the information obtained during the investigation could support their defense.

However, OSP prosecutors opposed the motion, contending that the documents should not be released. Despite this, Justice Simmons ruled that the OSP must provide the investigation caution and charge statements within a week of being served the order. The court, however, denied the request for transcripts of the interrogations and interviews conducted with the couple.

In the court ruling on Wednesday, October 23, 2024, Justice Simmons emphasized the need for the Special Prosecutor to release the relevant documents to aid in the defense’s cross-examination. She stated, “The Special Prosecutor is to provide the investigation caution statements and charge statements of the first prosecution witness, Daniel Osei Kufuor, and Madam Cecilia Abena Dapaah, and affect a copy to the first accused.”

The defense had filed the motion in line with Article 19(2)(e) and (g), which grants them the right to access relevant documentation that may assist in defending against the allegations. The case centers on the alleged theft of a significant amount of money from the couple’s residence in Abelenkpe, which the accused denies. Additionally, the defense argued that the OSP had previously stated that the couple failed to provide proof that the stolen money belonged to them. This fact, they believe, could benefit their client’s case.