Explanation for Ken Agyapong’s medical excuse should be in public – Judge
Lawyers for embattled Member of Parliament for Assin Central, Kennedy Agyapong, who is standing trial at the Accra High Court for alleged contemptuous comments have pleaded with the court to hear the case in camera.
On the day on which the vociferous MP’s doctor is in court to explain the two-week medical excuse he gave the lawmaker, his lawyers made a case against a public trial.
Alexander Afenyo-Markin, who represented his peer in Parliament told the court that he would prefer that the doctor’s justification for the medical excuse is given in chambers, theghanareport.com’s Aba Asamoah reported.
The MP standing trial for hurling insults at another judge, Justice Frank Rockson, who gave a default judgement him in a land case. The MP made the derogatory remarks on a live show on Net 2 TV.
His lawyer explained that per doctor-patient confidentiality, the doctor might stray into Mr Agyapong’s medical history.
He claimed that the matter was becoming a media trial and insisted that it should be heard in chambers to protect the health record of the lawmaker.
But Justice Amos Wuntah Wuni, who dragged the lawmaker to court for allegedly insulting him over a judgement he gave in a land case, declined the request.
The doctor who failed to turn up in court last Friday, compelling the judge to adjourn the case to today was in court.
He had a sling around his neck holding his arm, which reportedly got injured in an accident.
No show
On September 28, the Assin Central MP, Kennedy Agyapong, failed to show up for his contempt case over what his lawyer describedd as “post COVID-19 fears.”
His contempt case which was scheduled trial had to be postponed upon the request of his lawyers.
However, the judge has summoned the medical doctor under whose hand the medical request was made to appear before the court on Thursday, October 1, 2020.
Counsel for the MP, Kwame Gyan, told the court presided over by Justice Amos Wuntah Wuni that the defendant has been advised by his doctor to take 14 days rest.
“On the last adjourned date, by mutual agreement between the court and the legal team for the third defendant-respondent applicant. Today was set for the continuation of the proceedings that began earlier this month.
“Our client, Kennedy Ohene Agyapong suffered from complications from a post-COVID-19 condition that he suffered last month [August]. My Lord, we arrange for him to seek medical support,” Mr Gyan said.
Having heard their plea, Judge Wuni adjourned the case to October 1, 2020, on condition that the doctor who wrote the medical report makes himself available.
“By court, the contemptor is not present in court today, indeed a medical excuse duty form has been attached to a letter under the hand of the learned lead counsel requesting for an adjournment covering 14 days from September 26 to October 10, 2020.
“In the circumstance, the request for adjournment is granted. However, it is hereby ordered that the medical officer, Dr Ken Addo of [the] Holy Trinity Medical Centre/Spa appears before the court on Thursday to speak to the medical excuse duty,” Justice Wuni ordered.
Background
The Assin Central MP was hauled before the Accra High Court for spewing ‘unpalatable’ words against a High court judge.
He has been charged with contempt. A charge he has pleaded not guilty to.
At the last sitting, the lead counsel for the accused person, Kwame Gyan, had expressed concerns about the high court hearing the said contempt case.
He wanted the court to suspend sitting on the case as they had filed a motion at the Supreme Court with the hearing slated for October 13.
The MP’s lawyers were demanding the court halts hearing the case till the Supreme Court rules on the matter.
However, the High Court judge, Amos Wuntah Wuni, disagreed.
“So the court should not do anything when the case is almost a month away. Your client is simply coming here to explain why he said all those scandalous things.
“The court has the right, power and courage to punish anyone who scandalises its name. The law is the law. If you hold a live wire with your bare hands you will be electrocuted,” judge Wuni held.
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Sentencing for contempt is largely at the court’s discretion. In the July 2016 case against three NDC activists who insulted and denigrated the chief justice, they were sentenced to four months in prison.
Mr Agyapong’s scandalous
Kennedy Agyapong, a businessman and an NPP financier, has a history of making scandalous comments.
He has shown he is not allergic to defamation suits. He was sued by Ivy Heward-Mills, wife of a late NPP MP. In the suit filed in January 2019, the widow asked for 50million cedis.
Also, a Lebanese-born Ghanaian businessman, Hassan Zein, who also asked for 100 million cedis after Ken City Media aired a ‘defamatory video’ of him in April 2019.
A retired Chief State Attorney, Ellen C. Kwawukume, also brought a GH¢25 million defamation suit in September 2018.
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In May 2020, a former government appointee, Joseph Yamin, sued controversial NPP MP, Kennedy Agyapong for defamation and has asked for GH¢95 million.
Many of these cases have not been concluded. But in a case that has come closest to completion, the Accra High Court gave veteran journalist, Mr. Kweku Baako, victory in a defamatory suit he filed against Mr Agyapong.
The MP is to pay him 100,000 cedis in damages. But Mr. Agyapong has appealed the judgment and hearing has not been concluded.
Last February, Parliament reprimanded the Assin Central MP after he was found guilty by the Privileges Committee for calling the House cheap and useless.