Trial judge justifies re-testing of cocaine exhibit
Justice Kyei-Baffour, the under fire trial judge in a case where cocaine mysteriously turned into baking soda, has justified his decision to allow a second testing of the cocaine exhibit.
Appearing before the four-member Justice Dodzie-committee hearings in Accra on Monday, the trial judge presiding over the case – the Republic vs Nana Ama Martin – said he did no wrong and was only exercising his duty as a judge.
Citi fm reports the judge as saying, “my hands are clean”, and that he has nothing to do with the swapped exhibit. Reacting to claims by the State Attorney, Stella Arhin, that she was condemned on several occasions when she raised objection to procedural errors, the judge told the committee he was doing his job and “did not err”.
Myjoyonline, also reports that the judge conceded that the exhibit was kept in a cabinet within his chamber but stated vehemently that the key to the cabinet was in the possession of the court clerk, insisting at no point did he have access to those keys.
The trial judge had been accused by the State Attorney Stella Arhin of overruling her objection for a retesting of the exhibit, a demand made by the defence counsel.
She also accused the judge of using insulting language against her during the trial, however Eric Kyei Baffour has dismissed the claims.
The judge argued his decision to allow for re-testing of the exhibit was firmly grounded in law and cited Justice Georgina Wood’s ruling on the Jaxon Vs KLM case in which the Appeals Court ruled that merely because the defendant did not demand for verification of an exhibit tendered in evidence does not preclude him from doing so during trial.
He said overruling Stella Arhin’s objection to the re-testing of the cocaine exhibit was procedurally correct and cannot therefore be faulted.
He also dismissed allegation of misconduct levelled against him by the State Attorney and stated hiis court did not grant the suspect bail but it was the High Court that did so. He his due to be cross-examined by counsel for the State Attorney.
The committee set up by the Chief Justice, Theodora Georgina Wood, has been tasked to unravel the mystery surrounding the swapped substance in the exhibit vault of an Accra Circuit Court.
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