Selormey’s trial - Court rules to admit CD-rom in evidence

Accra (Greater Accra) 15 August 2001

The Fast Track Court on Wednesday ruled that Victor Selormey, a former deputy Finance Minister, charged with causing financial loss to the state, could tender in evidence a CD-rom and a contract he signed with a Ghanaian consultant for the Court Computerisation Programme.

The court's ruling followed an application by defence counsel for stay of proceedings pending an appeal against the court's earlier decision not to allow a CD-rom and a contract signed by Selormey and Dr Frederick Owusu-Boadu, a Ghanaian consultant in the United States (US) to be tendered.

The court presided over by Justice Sam Baddoo said since the defence's bone of contention was the two items, it was giving Selormey the opportunity to prepare his defence by allowing the CD-rom and the contract document into evidence.

Selormey is answering charges of conspiracy and fraudulently causing the loss of 1.3 million dollars to the state. He has pleaded not guilty and is on a 1.5 billion cedi bail with two sureties to be justified.

Justice Baddoo said it was on record that only Selormey and Dr Owusu-Boadu signed the contract and since the other party was not available, Selormey was the only person who could answer questions on it.

The judge said the defence had failed to produce Dr Owusu-Boadu to testify on a CD-rom he displayed to some of the defence witnesses.

He said the essence of the ruling was to expedite the trial to save the time of sending the matter to the Court of Appeal.

Johnny Quashie-Idun, leading counsel for Selormey, however, differed with the court and preferred that the items be tendered through any of the three defence witnesses who testified that the CD-rom was "superb" when Dr Owusu-Boadu displayed to them.

Counsel said he was surprised by the court's decision because the defence wanted the items to be tendered through any of the witnesses who had testified on them.

He, therefore, applied to the court to grant him time to "digest" the ruling to determine the next line of action.

The court obliged and adjourned to Friday, August 17.

At Tuesday’s sitting, the defence had argued that they wanted to demonstrate for everybody to see what was on the CD-rom when inserted into a computer and became readable.

Quashie-Idun said he did not think the defence could have given better evidence than the CD-rom tendered and demonstrated to the court.

He said the CD-rom was demonstrated to three High Court Judges who gave evidence in the case, saying "they saw information which has been stored on a CD-rom," and later recommended that it was as an excellent work done.

Counsel said: "In the law books, we do not mention CD-rom, but we mention documents".

He referred to Section 163(1) and 165 of the Evidence Decree, saying films, cassettes including CD-rom were all materials that were only transformed on the screen or in a computer before the result was achieved.

Quashie-Idun said this was what the defence was trying to do when it went into the witness box, to tender the CD-rom and also to demonstrate it.

Replying, Mr. Osafo Sampong, Director of Public Prosecution (DPP) said the defence had not been kind with the prosecution and had also not exhibited good faith.

Mr. Sampong explained that the defence applied for adjournment and the court granted it on the basis that the defence would bring its witness, Dr. Boadu, to give evidence, "but for counsel to turn round again to make this application, is calculated to cause delay and inconvenience."

"If the application is calculated to cause delay and inconvenience, then I urge the court to dismiss it so that the trial may proceed", he said.

The DPP said if the Fast Track Court would have to depend on the Court of Appeal to hear the appeal filed by counsel, before proceeding with the case, then it would become obvious that there would be undue delay, since the High Courts were on vacation.

Mr. Sampong said the evidence adduced clearly showed that the issue concerning the CD-rom was not the issue before the court, so far as the charge against the accused was concerned.

He said the issue before Mr. Justice Baddoo was a matter of contract, whether or not a contract was given in the court computerisation project, adding that even if the appeal was heard, it was not going to have any bearing on the matter before the judge.

The DPP had therefore, asked the court to dismiss the application for the trial to proceed.

GRi../

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Policeman jailed two years for causing harm

Accra (Greater Accra) 15 August 2001

A Police Constable broke down in tears on Tuesday after an Accra Community Tribunal sentenced him to two years in prison for causing harm to a driver and his two mates.

The three-member panel chaired by Kwadwo Owusu found Constable Peter Nsiah guilty of negligently causing harm to Isaac Mensah, the driver, Yaw Acquah and Kwabena Ahenkorah his mates on October 4, 1998.

Before sentencing the accused, his counsel, Nelson Agbesi, pleaded with the tribunal to deal leniently with his client.

The prosecution said Nsiah, who was attached to the Airport District Police Station, was on duty with other colleagues at the Adenta Police Barrier on the day of the incident.

At about 10.55 am, the accused stopped Mensah, who was driving a timber truck loaded with four logs for a routine check but the driver swerved towards the accused and nearly hit him with the vehicle.

Nsiah who was armed with AK 47 rifle, fired two shots with the intention to immobilise the vehicle but the bullets hit the cabin of the truck injuring the three persons.

Police investigations revealed that the logs were properly consigned to Traseco Furniture Works at Pantang.

Mr Agbesi has served notice of appeal against the judgement.

GRi../

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