GRi in Court Ghana 13 - 07 - 2001
Accra (Greater Accra) 13 July 2001
Mr Kwame Peprah, former Minister of Finance, on Thursday told the Fast Track Court in Accra that he was not aware of the signing of a contract regarding the court computerisation project.
Mr Peprah was giving evidence for the defence in the case in which Victor Selormey, former Deputy Finance Minister, is charged with conspiracy to fraudulently cause the loss of 1.3 million dollars to the state and defrauding by false pretences.
He is charged with Dr Frederick Owusu Boadu, a Ghanaian consultant in the United States. He said it was the accused person who had to brief him on the project.
Selormey has pleaded not guilty and is on a 1.5 billion-cedi bail, with two sureties to be justified.
The court is presided over by Justice Sam G. Baddoo, an Appeal Court Judge sitting as additional High Court Judge.
Led in evidence by Defence Counsel, Marimah Manu, witness said Selormey briefed him on the proposal received to digitalise the legal system.
Mr Peprah said the former Deputy Minister was responsible for that project.
The digitalisation project was part of the Trade and Investment Programme (TIP) with funding from the United States and was meant to assist private sector development, he said.
It was also aimed at removing all the bottlenecks in the system including the road, telecommunication and legal sectors.
Mr Peprah said the TIP was to help improve the judicial sector to become more user friendly.
Mr Peprah recalled that Dr Feredick Owusu Boadu had done some work for the ministry on the reform of the cocoa sector.
He said the accused had power to sign contracts in the ministry, likewise other top officials, adding that it depended on the level of contract.
Answering questions under cross-examination by Mr Osafo Sampong, Director of Public Prosecution, Mr Peprah explained that it was "very normal" that in the ministries, contracts were awarded without a witness to counter sign and that there had been occasions that he had had to sign his portion of a contract and posted it to whoever was to sign his portion outside the country.
Mr Dan Abodakpi, former Trade and Industry Minister, the second witness for defence said he knew of a project called TIP.
He said the TIP was about an 18 million-dollar US-Ghana initiative to address the performance of the Non-Traditional Export sector.
Mr Abodakpi listed some of the beneficiaries of TIP as the Ghana Export Promotion Council, Customs, Excise and Preventive Service, Environmental Protection Agency, Ministry of Trade and Industry and the Ministry of Finance.
He said the committee on TIP decided that the interest that accrued should continue to support agencies that were on the scheme.
The former minister recalled that 1997 when they were about to start the Gateway Project Dr Boadu came to his office to congratulate him and said it was a bold initiative that Ghana was adopting to be on top of the competition in Sub-Sahara Africa.
Mr Abodakpi said Dr Boadu further told him that he met the Former Chief Justice and after discussions with him they realised that the process of the project was frustrating.
He said he later got to know that it was a World Bank/Private sector initiative.
During cross-examination by Mr Sampong, witness said he has a daughter called Rejoice who attended the East London University in the United Kingdom.
He said she later proceeded to the "A and M" University in Texas, USA, where she is pursuing a post-graduate course.
He said it was difficult for him to tell how much her fees were during her education in East London.
According to him, it is a good friend, one Mr. Moukazel who agreed to pay the fees, free of any refund.
He explained further that at the post-graduate level, she supports herself and that there is no need for any payment.
He denied that it is Dr Boadu in Texas who has been paying his daughter's fees.
GRi…/
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Accra (Greater Accra) 13 July 2001
Mr Ambrose Dery, counsel for former Youth and Sports Minister, Mallam Ali Yusif Isa on Thursday said his client was innocent of charges preferred against him and asked the Fast Track Court trying him to free him.
Addressing the court in Accra, he submitted that Mallam Isa was framed up and the prosecution's evidence was to implicate him.
He therefore, prayed the court to hold the accused not guilty of the offences.
Counsel said the totality of the evidence adduced by the prosecution does not lead to an irresistible inference of the guilt of the accused on the two charges of stealing and fraudulently causing the loss of 46,000 dollars.
Mallam Isa who is charged with causing financial loss of 46,000 dollars to the state and stealing, has pleaded not guilty and is on 500 million cedis bail with a surety to be justified.
The court is presided over by Justice Julius Ansah, an Appeal Court Judge, sitting with additional responsibility as a High Court Judge.
Defence Counsel said though he appreciated the innovation of the court as "Fast Track", its procedure in respect of criminal cases should be looked at to ensure that cases are disposed of "reasonably fast", but not "excessively fast".
Counsel submitted that the accused was refused an adjournment even when he was not provided with a record of proceedings after three days examination in-chief and had to pursue and pick up record of proceedings on a Saturday, whereas the same court, granted a long adjournment at the instance of the prosecution in the quality grain case to enable it obtain relevant documents to prosecute that case.
He added that the accused person in this case, could neither be granted an adjournment to obtain a backlog of proceedings, nor a few days to prepare an address for the court.
Mr Dery said a person charged with a criminal offence shall be presumed innocent until he is proved guilty or has pleaded guilty. He said in any civil or criminal action the burden of persuasion as to the commission by a party of crime, which is directly in issue, requires proof beyond reasonable doubt.
He said when the burden is shifted to the accused person, that person only needs to raise a reasonable doubt.
Counsel pointed out further that Section 13(2) of the Evidence Decree 1975 NRCD 323 provides that "in a criminal action, the burden of persuasion, when it is on the accused as to any fact, the converse of which is essential to guilt, requires only that the accused raise a reasonable doubt as to guilt."
Mr Dery, stressing on the evidence adduced by prosecution, told the court that there is no direct evidence in the matter that the accused stole 46,000 dollars or fraudulently caused the loss of the money.
He said the evidence of the circumstances surrounding the loss of the 46,000 dollars does not support the two charges.
"Circumstantial evidence ought to be closely examined and it must be acted upon only when the circumstances are such that the guilt of the accused must necessarily be inferred, and that the facts lead to no other conclusion."
Mr Dery told the court that the circumstances of the case were that two officials of the Youth and Sports Ministry worked out the trip to the Sudan for Mallam Isa and he got a diplomatic passport in a record time of two days.
He said his client resisted taking cash of 46,000 dollars and insisted on transfer.
Counsel said his client did not have control of the green suitcase after it left his office on February 23 until it arrived in the Sudan on February 28.
He added that the accused called Accra to inform one of the top officials in the ministry of the problem, before the green suitcase arrived.
He said his client refused to honour dubious bills and took issue with Mr. Worlanyoh Agrah, Mr James Tigah and one other official over unjustified bills.
The accused also cut down on budget for the Sudan trip from 150,000 dollars to 56,000 dollars.
Mr Dery also touched on the prosecution's failure to call vital witnesses, saying the principle of law is that if there is one witness whose evidence would settle the case one way or another and the prosecution fails to call that witness, their case must fail since in that event they have not proved their case beyond all reasonable doubt.
Counsel said the failure to call the former minister's bodyguard, who is a serving member of the Ghana Police Service, "must be a big blow to the prosecution."
He contended that the investigator in the case, Mr. Jeff Edward Musore admitted in evidence that the police bodyguard was present when the accused parked his green suitcase in the office on February 23 this year.
Counsel stated that it was common knowledge that the police bodyguard was with the accused throughout February 23.
Counsel referred to a publication of Friday, April 20 this year, in the Daily Graphic and said in the police committee report, the bodyguard alleged that accused removed the 46,000 dollars from the green suitcase. However, the prosecution did not call such a vital witness.
He also said Mr Alex Asante and Mr Agrah, officials of the GFA, alleged that the second defence witness, Musah Alhassan removed the money from the suitcase, adding that "it is a situation of giving a dog a bad name to hang it."
Mr Dery said the failure of the prosecution to call the bodyguard is incurably bad and that the case against the accused must fail.
He said the allegation by Mr Agrah and Mr Asante that the accused told Mr Alhassan to remove the money from the bag "is a hearsay evidence".
He said the evidence of Mr Alhassan who denied the allegation is solid and not controvertible.
Counsel contended that the evidence of the prosecution that his client removed the "black polythene bag" from the green suitcase is not credible.
The Director of Public Prosecution (DPP), Mr Osafo Sarpong said the accused is facing two charges in two counts.
Count one is stealing contrary to section 124(1) of the Criminal Code 1960, Act 29 and count two is fraudulently causing financial loss to the state contrary to section 179A(3)(a) of the Criminal Code, 1960 Act 29.
Mr Sarpong said the ingredients of count one are that the person charged must not be the owner of the thing allegedly stolen and must have appropriated it. He added that such appropriation must have been dishonest.
On count two, counsel stated that fraudulently causing loss of 46,000 dollars means "dishonesty" which is also covered by count one.
He said the prosecution has duly charged the accused with stealing. DPP said there was evidence of the accused person making purchases in Amsterdam, saying all these constitute dishonesty.
He said the loss was caused to the state and it was so done fraudulently. Mr Sampong said the prosecution did not call the wife of the accused person since it knew that she was not going to tell the truth to the court.
He asked the court not to believe the evidence of the accused.
GRi…/
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Accra (Greater Accra) 13 July 2001
The Fast Track High Court in Accra will on Friday, July 20, give judgement in the case in which Mallam Ali Yussif Isa, the former Youth and Sports Minister, is charged with causing financial loss of 46,000 dollars to the state.
The court set the date on Thursday after the defence counsel closed its case.
Hearing of the case commenced on May 12 and the prosecution, led by the Director of Public Prosecution, Mr Osafo Sampong, called 12 witnesses while defence, led by Mr Ambrose Dery called two witnesses.
There were two interlocutory appeals and motions for stay of proceedings, which were argued in the Court of Appeal and the Supreme Court.
Mallam Isa, who is additionally charged with stealing, has pleaded not guilty to the charges and has been granted 500 million cedis bail with a surety to be justified.
The court is presided over by Justice Julius Ansah, an Appeal Court Judge, sitting with additional responsibility as a High Court Judge.
GRi…/
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Kumasi (Ashanti Region) 13 July 2001
Hearing of a writ filed against Dr J. A. Addison, a Past President of the Association of Ghana Industries (AGI) and Elizabeth Addison over the ownership of Hotel Amissah has begun at a Kumasi High Court.
Joseph Addison and Benjamin Addison both brothers, who filed the writ on behalf of themselves, brothers and sister are seeking a declaration of title to plot Eight Block C, Asokwa New Amakom Extension in Kumasi.
They are also seeking an order of recovery of possession of the part of plot Eight Block C, Asokwa Amakom Extension from where Dr Addison operates Hotel Amissah.
The writ is asking for an order that Dr Addison accounts for the operations of Hotel Amissah and any other relief the court may deem just and appropriate in the circumstances.
In their statement of claim, the plaintiffs, who are the children of the late Timothy Amissah, said they and their brothers and sister are the beneficiaries of the estate of their father, who died in 1978 intestate.
The statement said the defendants the customary successor and daughter of the intestate were the administrators of the estate of the late Timothy Amissah.
The plaintiffs say their late father was the lessee of the building plot Eight Block C, Asokwa New Amakom extension and was survived by a widow and nine children, one of who has since died.
They claimed that at the time of their father's death, he had developed the building plot Eight Block C, Asokwa New Amakom extension and let out for use as a hotel.
The plaintiffs contend that the defendants on September 1986 were granted letters of administration to administer the estate of the late Timothy Addison, which comprised plot Eight Block C, Asokwa New Amakom Extension with the house.
According to them, by vesting assent dated December 12, 1986, the defendants purported to vest plot Eight Block C Asokwa New Amakon Extension in favour of Dr Addison without notice or reference to them, who by operation of law were entitled to the property to the exclusion of Dr Addison.
The plaintiffs say that the conduct of the defendants is not only unlawful but a breach of their respective oaths as administrators of the estate of the late Timothy Addison.
The plaintiffs claim that Dr Addison has for some time now been operating a hotel in part of plot Eight Block C, Asokwa New Amakom Extension without their permission.
They contend that the alleged vesting assent did not pass any title and or interest in the property in dispute to Dr Addison and claim, therefore, that they are entitled to accounts from the operations of the hotel on the property in dispute.
GRi…/
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