Court dismisses application for stay of proceedings
Portuphy dragged to court for illegal possession of weapon
Slippery
Reverend Captain Sam arrested
Dutch
national charged with causing public nuisance
Accra (Greater Accra) 12 December 2001 - The Fast Track Court (FTC) hearing the Quality Grain case on Wednesday dismissed an application for a stay of proceedings pending an appeal filed by four of the five persons standing trial.
The court, presided over by Mr Justice Kwame Afreh had asked the five to open their defence because a prima facie case had been established against them.
The Judge said he stood by his ruling on December 6, that a "prima facie" case had been established against them and added that he did not err in law by not giving reasons for the ruling as canvassed by the defence, main grounds of the appeal.
Mr Justice Afreh said also said there was the likelihood that the trial might delay if the application were granted.
He, however, said the accused persons could pursue the appeal if they so wished but the trial would continue.
Dissatisfied with the court's decision, the defence applied again to the court to grant them seven days for them to plan their next line of action. The Court would on Friday, rule on whether to grant a stay of proceedings for seven days pending the appeal.
They contended that under the law they were entitled to a seven-day period, which to them was mandatory.
Replying, the Deputy Attorney-General and Minister of Justice, Ms Gloria Akuffo said the stay of proceedings for seven days as contained in the rules of the higher courts was neither mandatory nor automatic and that it was subject to the court's discretion.
Those on trial are, Ibrahim Adam, former Food and Agriculture Minister, Kwame Peprah, former Finance Minister, Dr George Yankey and Nana Ato Dadzie, all former senior public officials.
The fifth person, Dr Samuel Dapaah, a former Chief Director at the Ministry of Food and Agriculture had indicated that he would open his defence.
All the accused persons have pleaded not guilty to two counts of conspiracy and wilfully causing financial loss to the state and each of them is on self-recognisance bail.
GRi../
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Accra (Greater Accra) 12 December 2001 - Kofi Portuphy, former Co-ordinator of the National Disaster Management Organisation (NADMO), was on Wednesday arraigned at a circuit tribunal in Accra for possessing a locally manufactured gun without permit.
Portuphy, who pleaded not guilty to possessing arms and ammunition without authority, was granted a five million-cedi bail to re-appear on January 5, next year.
The tribunal chaired by Mr Imoru Ziblim ordered that the docket should be sent to the Attorney General's office for advice.
The court heard that, in January this year, following the upsurge of armed robbery and related crimes, the government declared a moratorium for persons in possession of unlicensed weapons to surrender them to the security agencies.
Prosecution said during the period, a series of exercises were mounted to retrieve such weapons. The exercise took the team to Portuphy's residence at Roman Ridge in Accra where a search revealed, a pistol, 12 SB shot gun, 50 pieces of Buffalo cartridges, 133 pieces of .9mm ammunition and one locally manufactured gun.
The court also heard that after investigations it was found out that all the ammunitions were licensed except the locally manufactured gun that was impounded by the Police.
GRi../
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Tema
(Greater Accra) 12 December 2001 - The Reverend Captain John Abeiku Sam (rtd),
Managing Director of Tourism Transport Services, who credited five cars from a
Tema car dealing company but vanished into thin air was on Monday brought
before a Tema High Court after a warrant has been issued for this arrest.
The Police
arrested Rev. Capt. Sam, who had eluded them on several occasions, at about
0400 hours on Monday while he was going to see off a girl friend who had come
to spend the night with him at his Adenta residence.
The Tema
High Court presided over by Mrs Justice Iris Heward-Mills, who granted him bail
with two sureties to be justified, did not give a bail sum but said his
properties must satisfy the High Court Registrar.
Hywell
Ventures, a private car dealing company, filed a civil suit at the court
claiming from Rev. Capt. Sam the cedi equivalent of 22,400 dollars,
representing the outstanding balance on the vehicles sold to him in August,
2000.
In its
statement of claim, Hywell Ventures said it entered into an agreement with Rev.
Capt. Sam under which it sold five vehicles to him at the cost of 149 million
cedis to operate his tourism transport company.
The
vehicles were a Mitsubishi L300, an Opel Kadet, two Toyota Corollas and a
Toyata Hiace bus. By the terms of the sale, Rev. Capt. Sam undertook to pay the
full purchase price of the vehicles to Hywell Ventures before October 25, 2000.
The writ,
however, said several demands made on Rev. Capt. Sam to make full payment
yielded no results except the payment of 15 million cedis.
He then
agreed with the company to convert the outstanding balance of 134 million cedis
into dollars at the forex bureau dollar-selling rate of 6,000 cedis to one
dollar prevailing on the day of the purchase of the vehicles.
Rev. Capt.
Sam also promised to liquidate the entire debt on or before December 31, 2000
but failed and further personally undertook to pay the debt owed by his
company, Tourism Transport Service by February 12, this year but could not make
it again.
The writ
said plaintiff's investigations revealed that Rev. Capt. Sam had hired the
vehicles out to expatriates in Obuasi and was earning dollars but had refused
to pay the full purchase price.
Hywell is
demanding the cedi equivalent of the 22,400 US dollars plus interest from the
date of the agreement to the day of judgement.
Rev. Capt.
Sam, however, said in his defence that this was purely a business transaction
carried out without any criminal intent except a delay in payment.
The Rev.
Capt. Sam is known to have several court cases including one at the Cocoa
Affairs court, Accra, in which he allegedly defrauded Mr Kwabena Adusei Poku, a
member of the Adenta Baptist Church of 8.5 million cedis under the pretext of
assisting him to obtain an auctioned car from the Customs, Excise and
Preventive Service, a Police source told the Ghana News Agency.
GRi…/
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Accra
(Greater Accra) 12 December 2001 - A 38-year-old Dutch national, Kamiel Van
Roussen was on Monday remanded in police custody by the Madina Community
Tribunal for defecating into buckets used to fetch drinking water by his
Ghanaian workers.
Roussen who
is a Supervisor of Nicostan Duvan Construction Company building a hotel at
Nungua had for some time prevented Ghanaian workers from using the tap saying
they wasted water. Instead, he fetched water for them in buckets in which he
defecated.
He pleaded
not guilty to causing public nuisance when he appeared at the tribunal presided
over by Mrs Ivy Heward-Mills. He is to reappear on December 17.
The Ghana
News Agency reports Dr Kofi Kesse Manfo, Greater Accra Regional Police Commander,
as saying that the workers had suspected Roussen who had on a number of
occasions threatened to poison their source of drinking water.
He was,
however, caught in the act last Thursday when one of the workers saw him
defecating into one of the buckets they had been using for their drinking
water.
Dr Manfo
said after defecating he rinsed the bucket and fetched water with it and
brought it to the workers.
The workers
raised the alarm and the case was reported to the Nungua police who arrested
the suspect.
The police
also saw traces of human faeces on the bucket retrieved from the accused.
Roussen admitted the offence at the police station but at the court stated that
he did it because he had a running stomach.
GRi…/
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