Plea bargain negotiations between the State and Bernard Antwi Boasiako, popularly known as Chairman Wontumi, in the Exim Bank criminal case are at an advanced stage, the Deputy Attorney General, Dr Justice Srem-Sai, has disclosed before the High Court.
The revelation was made on Monday, July 27, after the new lawyer for the first and third accused persons, Samuel Atta Akyea, informed the court that he had taken over the defence following the withdrawal of the previous counsel, Andy Appiah-Kubi.
Atta Akyea requested an adjournment until October to enable the parties to conclude discussions on a possible plea bargain.
Responding to the request, Dr Srem-Sai said the prosecution shared the defence’s desire to continue negotiations but proposed a shorter adjournment of 30 days instead of the 90 days sought by the defence.
He disclosed that negotiations had progressed significantly befor,e they were interrupted by Wontumi’s conviction in a separate criminal case.
“We have received an offer, and we have made a counteroffer, which we were supposed to conclude last week before the accused person’s conviction in another matter derailed the negotiation,” the Deputy Attorney General told the court.
According to him, although the law permits plea bargaining to continue alongside trial proceedings, the prosecution was prepared to waive its right to proceed immediately because of the advanced stage of the negotiations.
He explained that the State was also seeking to avoid a situation where filing its disclosures could prejudice the ongoing plea bargain discussions.
“Most importantly, in order not to let disclosures, which we are yet to do, prejudice the plea negotiations, which indeed are far advanced, we would pray that My Lady accepts our waiver of the right to continue with proceedings and rather take a short adjournment to attempt concluding the negotiations before being directed to file our disclosures,” he said.
Atta Akyea agreed with the prosecution’s reasoning but appealed to the court to adjourn the matter until the next legal term in October, expressing optimism that the parties could return with an agreement that would result in the withdrawal of the charges.
The presiding judge, however, indicated that the court was guided by the provisions governing plea bargaining and would not halt the trial process indefinitely.
“I want to stay within Section 152(c)(5). I will adjourn with the view that the case is proceeding to trial without prejudice to the plea bargain,” the judge ruled.
The case was subsequently adjourned to August 27 for further directions.
Meanwhile, Manhyia South MP, Nana Agyei Baffour Awuah explained that Samuel Atta Akyea replacing Andy Appiah Kubi is as a result of party direction taking over all Wontumi cases.
