Four accused in Quality Grain trial apply for stay of proceedings
Expedite
prosecution of suspects - Short
Accra (Greater Accra) 11 December 2001 - Four of the remaining five persons in the Quality Grain trial, on Tuesday applied for stay of proceedings pending an appeal on a ruling of the Fast Track Court that they should open their defence because a "prima facie" case had been made against them.
Counsel for the accused persons, Ibrahim Adam, former Food and Agriculture Minister, Kwame Peprah, former Finance Minister, Dr George Yankey and Nana Ato Dadzie, all former senior public officials had filed a notice of appeal. The other accused person, Dr Samuel Dapaah had indicated that he would open his defence.
On Thursday, December 6, the court presided over by Mr Justice Kwame Afreh, overruled a submission of "no case" against the five and acquitted and discharged the sixth accused, Mr Kwesi Ahwoi, former Chief Executive of the Ghana Investment Promotion Centre (GIPC) for lack of evidence.
The court, therefore, asked the five persons to open their defence on Tuesday and when proceedings resumed, they applied for the stay of proceedings. The Judge asked them to convince the court why their application should be granted.
The accused persons are charged with conspiracy and wilfully causing financial loss to the state. They have pleaded not guilty and each of them is on a self-recognisance bail.
Mr David Lamptey, counsel for Dr Yankey contended, that his client had appealed against the ruling because the court erred in law for not "giving reasons" why it overruled his submissions of "no case".
Counsel read a copy of the ruling, which to him, contained reasons why it acquitted and discharged Mr Ahwoi but did not do the same for the five remaining accused persons. He said the court was bound to give reasons in a ruling in matters of submission of "no case", adding, "what is sauce for the goose is equally sauce for the gander".
He quoted legal authorities to buttress his argument and said the court should have analysed and weighed the evidence of the prosecution witnesses and given reasons why it concluded that the five persons had a case to answer. Mr Lamptey said this was one of the grounds of the appeal and urged the court to grant the application.
Mr Kwaku Baah, attorney for Peprah submitted that his client was charged with causing financial loss to the state by causing the government to guaranteed loans for Quality Grain Company for its rice project at Aveyime in the Volta Region.
Counsel contended that the Ministry of Food and Agriculture (MOFA) had written to the Divestiture Implementation Committee (DIC) to divest the assets and equipment on the rice farm, arguing that it was the contention of Peprah that the state had not incurred any loss because the loans granted to the company had been invested in the project.
He said this would "certainly deny my client evidence that no loss has been incurred" if at the end of the matter the court decided otherwise. Counsel, therefore, urged the court to grant the application.
Mr Samuel Codjoe, attorney for Adam said none of the evidence by prosecution witnesses implicated his client and asked that the application be granted.
Earlier, the court dismissed an application by counsel for Dr Dapaah to adjourn the case to December 23 for his client to open his defence. Hearing continues on Wednesday, December 12.
GRi./
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Accra
(Greater Accra) 11 December 2001 - Mr Emile Short, Commissioner of Human Rights
and Administrative Justice (CHRAJ) has urged the judiciary to consider
innovative ways of expediting the prosecution of suspects to restore public
confidence in the criminal justice system.
Mr Short
said the Judiciary in collaboration with the police and prisons services should
evolve a crash programme to try expeditiously, remand prisoners who had been in
custody without trial for long periods.
Mr Short
was speaking at the celebration of the Human Rights Day in Accra, which was on
the theme: "Consolidating democracy through the advancement of women and
children's rights".
He said the
police should be supported with the appropriate manpower and logistics and
furnished with the relevant information
to perform their duties diligently.
Mr Short
said reports indicated that remand prisoners constituted 19.2 per cent of the
total inmate population due to the inability of the courts to expedite trial of
suspects who had been remanded in prison custody.
"The
plight of remand prisoners has been of serious concern to the Commission since
some of the suspects complain of harsh bail conditions, inability of the police
to thoroughly investigate their cases, missing dockets and the transfer of
police to other stations."
He said it
was clear from the beginning that the government had a Herculean task such as
addressing the culture of fear and intimidation, the sagging economy,
increasing poverty, lack of access to health care and education, lack of
civility, increasing lawlessness and violence.
Mr Short
said fortunately, Ghanaians had continued to demonstrate a sustained enthusiasm
and commitment to political pluralism, democracy, freedom and justice.
The repeal
of the Criminal Libel Law, efforts towards the enactment of a Freedom of
Information Bill and a Public Interest Disclosure Bill, the development of a
new and healthy relationship of co-operation between the police and military
were all testimonies of a new dispensation.
Mr Short
commended the government for ratifying major international conventions but said
the government had a duty to ensure that the provisions of the conventions were
incorporated into domestic legislation.
He said it
was incumbent on the government to ensure the full implementation of these
rights, particularly the second optional protocol, concerning the abolition of
the death penalty.
GRi…/
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Sunyani
(Brong Ahafo) 11 December 2001 - Agyewodin Adu Gyamfi Ampem II, Omanhene of
Acherensua Traditional Area in the Brong Ahafo Region was on Monday committed
to stand trial at the Sunyani High Court on January 14 on a charge of murder.
A Sunyani
Community Tribunal chaired by Mr Charles Adjei Wilson, which had been hearing
provisional charges against the chief, announced the committal after it had
discharged him.
This
followed the granting of an application of "nolle prosequi" filed by
Mr Betuurisech Cab-Bayuo, Chief State Attorney. The Omanhene allegedly fired a
gun into a group of youths at Acherensua in April this year killing one of
them, Nii Atuquaye during a dispute over his enstoolment.
The
tribunal ruled that Nana Ampem should remain on his former bail until otherwise
directed by the high court. Earlier, Mr Cab-Bayuo told the tribunal that there
was the need to commit the Omanhene to the high court and asked the tribunal to
quash his bail sentence.
Mr Kwadwo
Fordjour Otu-Essel, Leading Defence Counsel said the constitution did not
prohibit the granting of bail for a person charged with murder.
He said the
Omanhene had been reporting in court since he was granted bail and saw no
reason why he should be refused a similar chance even if he had now been
committed to stand trial at the high court.
GRi.../
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