GRi in Court Ghana
12 - 06 - 2001
Prosecution
erred- Isa's counsel
Businessman
before tribunal for visa scandal
Court
rules on June 21 whether to hear Quality Grain case
Accra
(Greater Accra) 12 June 2001
Mr Ambrose
Dery, counsel for Mallam Ali Yusuf Isa, ex-Minister of Youth and Sports, on
Monday told an Appeal Court (Criminal Division), that the prosecution failed to
explain the charges preferred against his client before arresting him.
As a
result, he said, "We are at a loss as to what action or omission we are
being taken on."
Mr Dery
said a person charged, shall be informed of the offence, before he is arrested.
Counsel was
giving reasons for an interlocutory appeal against the ruling by the Fast Track
Court that his client has a case to answer.
Mallam Isa
is charged with stealing and fraudulently causing financial loss to the state.
He has pleaded not guilty and has been admitted to a 500 million-cedi
bail.
The court
ordered him to deposit a land title deed to the registrar of the court and
report three times in a week to the police.
Defence
Counsel on May 24 filed an interlocutory appeal at the Court of Appeal for an
order to stay proceedings in the case pending the determination of the appeal
against two rulings of the trial judge.
The
interlocutory appeal was against the over-ruling of a preliminary objection
against the second count of fraudulently causing financial loss to the state
and the submission of no case by counsel after the prosecution closed its case
on May 24.
In those
submission Mr Dery quoted extensively from the Court of Appeal Rule CI 21 of
1998 and Rule 27 and 28 (CI 19) of 1997 to support his reasons why Justice
Ansah must uphold his motion.
He told the
court comprising Justice S. G. Baddoo (presiding), Justice Samuel Brobbey and
Justice J.C. Amonoo-Monney that count two, "fraudulently causing financial
loss to the state," does not specify any action or omission at all, on the
part of the accused person.
Mr Dery
said at the time of the charge, between February 23 and 28, his client was in
Sudan.
He argued
that the act or omission constitutes contempt, but "admittedly what
amounts to fraudulent action or omission is not defined."
He
contended that Article 19 (11) of the Constitution requires that criminal
offence must be defined.
Counsel
argued that no person shall be prosecuted on criminal offence, unless the
offence shall be defined.
Quoting
Article 137 (2) of the Constitution, Counsel said: "I submit that our
appeal is in the exercise of our right."
The court
noted that Counsel's client has not gone to the Supreme Court to initiate
action against his human rights.
The court
wanted to know from counsel if that fraudulent action or omission gives him an
indication or a limitation of the action.
The court
said if an employee is to work for eight hours but works for five hours by that
act or omission the state has incurred the financial loss.
It further
noted that if someone is a cashier and he opens his safe to allow someone else
to collect the money, it is the cashier who will be held liable.
The court
asked counsel for the defence and prosecution to hold themselves in readiness
to address the court on Tuesday.
GRi…/
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Accra
(Greater Accra) 12 June 2001
An Accra
Circuit Tribunal on Monday slapped a five million-cedi fine on Nana Yamoah
Gyebi, a businessman, for defrauding one Anthony Brew-Smith unemployed of 3,000
dollars under the pretext of securing an American visa for him.
If the fine
is paid, 2.5 million cedis will be given to Mr Brew-Smith.
The accused
was also ordered to refund the 3,000 US dollars in default of which he will go
to jail for three years with hard labour. Gyebi pleaded not guilty to
defrauding by false pretences.
The court
heard that in 1998 Mr Brew-Smith decided to travel to USA and therefore
contacted Gyebi who deceived him that he had been helping people to secure
visas to various countries. As a result Mr Brew agreed to pay 6,000 dollars
demanded by the accused.
According
to the prosecution, Mr Brew-Smith immediately made 3,000 dollars as a part
payment and promised to pay the rest of the money after the visa was procured.
The
prosecution said Gyebi absconded after collecting the money but was arrested at
a hideout in Accra.
GRi…/
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Accra
(Greater Accra) 12 June 2001
The Fast
Track Court will on Thursday, June 21, rule on whether to continue to try six
persons, including two former cabinet ministers, charged with various offences
in the Quality Grain scandal.
The court,
presided over by Mr Justice Kwame Afreh, a judge of the Court of Appeal but
sitting as an additional High Court judge, gave the date after two defence
lawyers completed their submissions,
One defence
counsel is asking for stay of proceedings pending the determination of a writ
at the Supreme Court and the other is objecting to a conspiracy charge.
The six are
Ibrahim Adam, former Minister of Agriculture, Kwame Peprah, former Minister of
Finance, Nana Ato Dadzie, former acting Chief of Staff, Dr George Yankey, Dr
Samuel Dapaah and Kwesi Ahwoi, all former senior public official.
They have
pleaded not guilty to wilfully causing financial loss to the state and
conspiracy. Each has been granted self- recognizance bail.
Mr Kwaku
Baah, counsel for Ato Dadzie, was first to submit that the court should stay
proceedings pending the determination of a writ filed by the National
Democratic Congress (NDC) on the constitutionality of the charges.
Counsel
submitted that the application is only urging the court to wait for the Supreme
Court to rule whether the charges are constitutional against the accused
persons adding that the court has inherent jurisdiction to stay proceedings so
as not to prejudice the Supreme Court's decision.
Mr Baah
submitted that the NDC filed the writ because the party found that the case is
"unprecedented in criminal law", as the prosecution stated in its
submission to support the matter.
Counsel
urged the court to use its discretion to grant the application so as to ensure
a fair trial.
Nana Agyei
Ampofo, counsel for Dr Yankey in his submissions stated that the conspiracy
charge against his client is not sufficiently stated in the facts of the case
as presented by the Attorney-General (AG) and Minister of Justice, Nana
Akufo-Addo.
Nana Ampofo
quoted legal authorities to support his submissions that since the prosecution
did not state anything in the facts to connect his client in a conspiracy
charge, he should be exonerated from the conspiracy.
Replying,
Nana Akufo-Addo, said the accused persons are being tried on criminal offences
and there is nothing special about them. "The law is no respecter of
persons," he said.
The AG said
when he told the court that the offence committed by the accused persons was
unprecedented in the criminal law he did not mean that the matter should be
determined in a special manner for the court to stay proceedings until a case
not related to the one on trial is determined first.
Nana
Akufo-Addo called on the court to dismiss the application because Mr Baah did
not ask it to grant the accused persons any averments against the charges.
Nana
Akufo-Addo submitted that counsel was unable to demonstrate that the trial would
prejudice the matter before the Supreme Court when the plaintiff had said
nothing about the criminal offences allegedly committed by the accused persons.
On the
conspiracy charge, the AG said counsel must wait for the prosecution to
conclude its evidence before he could apply for "no case" on behalf
of his client.
He referred
the court to his earlier submissions that evidence would be led to show that
the accused really conspired at certain periods while in office to commit the
offence.
Nana
Akufo-Addo said the burden of proof is on the prosecution and that counsel
should therefore not "jump the gun" but wait for submission of
evidence.
GRi…/
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