In a significant development, an Accra High Court has directed the Office of the Special Prosecutor (OSP) to release investigation caution and charge statements of former Sanitation Minister Cecilia Dapaah and her husband to Patience Botwe, a former house help accused of stealing large sums of money from Dapaah’s residence.
Background of the Case
The case began in July 2022 when Dapaah reported to the police that four individuals, including Botwe, had stolen cash amounts of $1million and €300,000 from her residence.
The OSP launched an investigation, which led to the discovery of $590,000 and GH₵2,730,000 in three residential properties associated with Dapaah and her husband.
The Legal Battle
Botwe’s lawyers had requested access to Dapaah’s caution statements under the Right to Information Act, but the OSP denied the request, citing exemptions.
The High Court intervened, ruling that the documents were essential for Botwe’s defense and ordering the OSP to provide them within a week.
Key Ruling
Justice Marie-Louis Simmons emphasized that access to the requested documents was necessary for Botwe’s legal team to cross-examine Dapaah and her husband effectively, particularly given inconsistencies in their accounts regarding the source of the stolen funds.
The court also highlighted the importance of allowing the accused access to all relevant documents, as guaranteed by Article 19(2)(e)(g) of the 1992 Constitution.
Implications
The release of these documents could significantly impact the trial’s outcome, as Botwe’s lawyers can now thoroughly cross-examine Dapaah and her husband.
The OSP’s opposition to the request had raised concerns about transparency and fairness in the trial.
Related Developments
In January 2024, the High Court ordered the OSP to return seized funds belonging to Dapaah within 72 hours.
The OSP had also prosecuted Cecilia Dapaah for failing to register her assets but later withdrew the case.
