Mr Korsah argued that Article 19 (2) of the Constitution indicated that once a person was charged, “he shall be given adequate materials and facilities to ensure fair trial.”
He contended that they had not been given enough materials by the
prosecution and asked for the materials before the committal commenced.
Defence Counsel admitted that he had been served with the bill of indictment, summary of evidence as well as the medical report on Afoko.
He, however, noted that there were other documents that the prosecution was withholding from the court.
Mr Korsah said that prosecution had not furnished them with other additional materials that they had filed in the court.
According to him they also wrote a letter to the Police and Attorney General’s Department to provide “certain documents” which were yet to be received.
He said prosecution’s right to keep statements and products from the defence defeated the objects of justice and committal proceedings.
“This is because the prosecution determines what should be made available to them.”
Defence counsel therefore suggested to the court that they would like to seek an interpretation or ruling from the Supreme Court over Article 19 (2).
Mr Matthew Amponsah, Chief State Attorney, said the state has filed the bill of indictment, summary of evidence and a medical report of his client between February 1 and 16, this year.
In addition Mr Amponsah, said the state has provided the photos of the deceased wife, Madam Hajia Zenaibu who also sustained injuries as result of the act.
According to him they had provided defence counsel with all “material documents” for the committal proceedings.
The Chief State Attorney argued that the prosecution was not holding anything from the defence because documents that were “material” had been provided.
The court presided over by Mr Worlanyo Kotoku adjourned the matter to Tuesday February 23.
The court had set today to commence the committal proceedings in order to pave away for Afoko to stand trial at the High Court over the charge of murder.
The state said all was set for the committal proceedings to begin at the next adjourned date.
Afoko has on a number of occasions sought bail at the magistrate’s court but had been turned down.
His lawyers had argued that he had been incarcerated for more than eight months and his personal liberty was at stake and hence should be admitted to bail.
Afoko has been charged for murder, while his alleged accomplice, Musah Issah, is being held for abetment of crime. Their pleas have not been taken.
On July 10, last year the magistrate’s court presided over by Mr Worlanyo Kotoku, admitted Issah to bail in the sum of GH₡ 20,000.00 with four sureties.
He is to report to the Criminal Investigation Department of the Ghana Police Service before noon from Monday to Thursday, until the case is disposed off.
In the case of Afoko, the High Court refused him bail, saying there had not been any unreasonable delay in the matter.
The Court, presided over by Mr Justice K. A. Okwabi, noted last year that the facts and charges were properly laid and connected Gregory to the crime.
In May last year, while he was on the way home, Mahama was attacked with acid, and he later died from his injuries at the hospital.
Before his death, he reportedly named some of the persons who attacked him.
According to the Police, Afoko after his arrest, was asked to lead the Police to the house of his accomplice, Asabke Alangdi, but “he rather took them to his father’s house.”
The Police said they later located the house of the second person, but when the suspect got wind of their presence he absconded with his wife, leaving behind their baby.
A gallon, which allegedly contained some of the substance and a plastic cup, were retrieved from the scene for forensic examination, the Police said.
The Police said: a “post mortem examination was conducted on the body of Adam and the pathologist gave the cause of the death as shocked lungs and extensive acid burns.
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