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

 

               

Prosecution erred- Isa's counsel

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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Businessman before tribunal for visa scandal

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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Court rules on June 21 whether to hear Quality Grain case

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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