Private legal practitioner Martin Kpebu has said the defence team for Chairman Wontumi could seek his discharge by arguing that the facts of the Ghana EXIM Bank case do not support the charges brought against him.
Kpebu explained that a defence team challenging the basis of a prosecution could ask the court to discharge the accused after presenting arguments showing that the alleged facts do not establish the offences charged.
“The more popular method that we are used to in the law would be to go and ask for the case to be cancelled because the facts don’t support the charges. The facts don’t support the charges. So you ask the court to discharge the accused,” he said on TV3.
He cited Martin Kpebu v Attorney-General a a case relevant to the legal procedure, referring to an opinion by former Chief Justice Georgina Theodora Wood in discussing the issue.
According to Kpebu, the defence would have to present its arguments, after which the Attorney-General would respond before the judge determines whether the case should continue.
His explanation focused on the procedure available to an accused person who maintains that the facts do not support the charges, rather than on whether Wontumi is guilty or innocent.
