An appeal court to be established in Kumasi - CJ
Charges against Victor Selormey are defective - Counsel
Tribunal orders for the arrest Lady Tamara
Kumasi (Ashanti Region) 04 December 2001 - An Appeal Court of Justice would soon to be established in Kumasi to handle all appeal cases in the Northern Sector of the country, whilst the six high courts already existing in the region would be absorbed into the fast track court system to expedite the trial of cases.
Mr Justice E. K. Wiredu, Chief Justice announced this in Kumasi on Monday when commissioning a 212 million-cedi new court building, which houses two high
courts.
He said the commissioning of the new High Court building would have a great positive impact on the administration of justice in the region since the main business of the Judiciary arm of the government was to ensure that justice flowed like a river overcoming the problems of delays to engender investor confidence in the country.
The attainment of this, however, he said depended on modernising the courtroom to keep pace with technological advancement. The Chief Justice said, even though, the courts constituted one of the oldest institutions in the country, they had been sadly neglected over the years in that furniture and other inputs and court houses were in a dreadful state of dilapidation making the need to modernise them a matter of urgency.
Mr Justice Wiredu promised to rectify the situation, which he termed as decay in which the courts had to subsist on inadequate monthly subvention from the government.
He said the judiciary should cease being treated as a ministry in all its financial allocation and instead be treated as the third arm of the government. "Any curtailment, direction, control of holding back on the budget of the third arm of government constitutes interference with its independence and is a violation of the Constitution which recognises the judiciary as the third estate of the realm."
Earlier in a welcoming address, Justice Gilbert Mensah Quaye, Supervising High Court Judge in the Ashanti Region, said the need for more high courts in the region had been long overdue with the rapid growth of the metropolis and the resultant increase in crime and civil cases before the courts.
The number of High Courts in the region had to be increased to four following the outcry by the bar and the general public to increase the number of high courts.
Justice Quaye said with the commissioning of two more high courts to bring the number to six and with three circuit courts, four community tribunals, two circuit tribunals and two regional tribunals, cases would be tried expeditiously in the region.
He, however, called for the clustering of all the courts to save lawyers and judges from shuttling in between places. He asked for accommodation for judges who had been transferred to the region to preside over the new High Courts.
The Supervising High Court Judge appealed to the Chief Justice to provide the courts with modern library since the justice system could not function well without a good library.
Mr S. K. Boafo, Regional Minister for Ashanti, promised that the Kumasi Metropolitan Authority (KMA) would tar all the access roads and pavements in the courts premises.
GRi../
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Accra (Greater Accra) 04 December 2001 - Leading counsel for Victor Selormey, former Deputy Finance Minister, who is standing trial for financial malpractice, on Monday told the Fast Track Court that six charges brought against his client were defective.
Mr Johnny Quashie-Idun submitted that evidence given by prosecution witnesses did not support particulars of the offences Selormey was alleged to have committed. Counsel, therefore, urged the court to acquit and discharge him.
Mr Quashie-Idun was addressing the court in a case in which Selormey is charged with two counts each of conspiracy, defrauding by false pretences and causing financial loss of 1.297 million dollars to the state.
Selormey has pleaded not guilty and is on a 1.5 billion cedis bail with two sureties to be justified. ounsel said the prosecution had failed to lead evidence that the accused conspired with someone to defraud and cause financial loss.
He said the defence gave evidence that Selormey with the approval of his sector Minister signed a contract for payment of consultancy services for Court Computerisation Project for the Judicial Service.
Mr Quashie-Idun contended that as a result of the contract, which was signed between his client and Dr Frederick Owusu Boadu of Leebda Corporation, which provided the services, a CD-ROM was produced as part of the project.
Counsel submitted that the CD-ROM, which contained copies of Ghana Law Reports and legal authorities, was in evidence and, therefore, the prosecution could not say that there had been a financial loss.
Replying, Director of Public Prosecutions (DPP), Mr Osafo Sampong said the charges were not defective. He said the court must find it as a fact that through the acts of Selormey the state incurred a loss.
Mr Sampong said the state did not sign any contract with Leebda for the accused to cause the transfer of more than 1.2 million dollars to the company.
The DPP said there was enough evidence to show that the contract Selormey entered into with the company did not provide any service. Mr Sampong continues his submissions on Tuesday.
GRi../
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Accra (Greater Accra) 04 December 2001 - An Accra Circuit Tribunal on Monday ordered the arrest of Tamara Botsio, Proprietor of Tamara Restaurant in Accra, for failing to appear before it.
Tamara charged with fictitious trading is alleged to have defaulted in paying for three dogs worth 2,300 dollars belonging to one Justice Kissi Eyimah. She pleaded not guilty and had been granted 10 million cedis bail with a surety.
Tamara was scheduled to reappear on December 3 but was not in court. The case has been adjourned to December 17.
Prosecuting Inspector Emmanuel Boison told the tribunal chaired by Mr Imoru Ziblim that last May, Tamara rang Mr Eyimah and asked him to supply her with four dogs and two kennels. These were supplied at a cost of 2,300 dollars.
Tamara made a part payment of 800 dollars and asked Mr Eyimah for time to settle the debt. About one month later, Tamara again rang and informed Mr Eyimah that her friend also needed three dogs and would pay for them immediately.
Tamara asked Mr Eyimah to write the invoice in her name, which he did. After the invoice was prepared, she failed to pay for the second consignment of the dogs.
She paid an additional two million cedis to Mr Eyimah for the first consignment and promised to collect the rest of the money from her friend to pay up.
The prosecution said when Mr Eyimah demanded his money from Tamara she was reluctant to pay. Mr Eyimah then refunded the 800 dollars and two million cedis and retrieved four of the dogs. All efforts by Mr Eyimah to retrieve the dogs or get paid for them proved futile.
GRi../
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Accra (Greater Accra) 04 December 2001 - An Accra Circuit Tribunal chaired by Mr Mohammed Nabon on Monday sentenced one Kwabena Ofori to a fine of 5.3 million cedis for careless driving and negligently causing harm.
Ofori, who pleaded guilty to five counts of careless driving, negligently causing harm, driving without licence, failing to produce vehicle for test on Police demand and failing to produce accident report, will go to prison for 12 months with hard labour if he fails to pay the fine within four weeks.
The prosecution told the court that on August 4, 1998 Ofori, who claimed to be celebrating his birthday, invited some friends to Europa Drinking Spot at Tesano.
At about 2400 hours when the celebration ended Ofori, behind the steering wheel of a Mitsubishi Pick-up without a registration number and with 19 people on board, drove towards Abelemkpe.
At Apenkwah the accused lost control of the vehicle, somersaulted and fell in the middle of the road. Some of the passengers sustained injuries and were taken to the Ridge and 37 Military hospitals. One of the victims died two days later at the Ridge
Hospital.
Ofori failed to report the accident to the police but rather went into hiding for three years until police arrested him on November 19. He could neither show the police the vehicle nor his driving licence.
GRi../
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