Court rejects request to produce Selormey’s interview tape
Tanker driver fined 54 million cedis for careless driving
Omanhene cannot preside over festival- Court
Accra (Greater Accra) 28 June 2001
The Fast Track High Court in Accra on Tuesday rejected an application by counsel for Victor Selormey, former Deputy Finance Minister, for the investigator to bring the recordings of an interview the police had with the accused.
Mr Justice Sam G. Baddoo, an Appeal Court Judge sitting as an additional High Court Judge, said, "in getting this record, we are going to introduce matters that are not relevant to the case".
The judge ruled that tape recording might contain hearsay evidence.
"The application to bring the recordings to the court is refused," Justice Baddoo ruled.
Defence Counsel had asked Assistant Superintendent of Police (ASP) Jeff Edward Musore, an investigator in the Court Computerisation Project case, to send tape recordings of the interview saying they were needed to establish the evidence that has gone on and which is relevant to their case.
This was during cross-examination of ASP Mosure, the sixth prosecution witness in the case in which Selormey is charged with conspiracy, defrauding by false pretences and wilfully causing financial loss of 1.3 million dollars to the state.
Selormey has pleaded not guilty and is on a 1.5 billion-cedi bail with two sureties to be justified.
Mr Barimah Manu (leading) and Mr Kwaku Baah are representing the former deputy finance minister.
Witness said in his evidence-in-chief that at a stage of his investigations he invited the accused person to face a panel of police officers chaired by Mr Sam Awotwe, head of the legal unit.
ASP Musore agreed with counsel that he actively participated in the interrogation of the accused and alerted him that he was to record that interview.
Asked where the tape was, the witness told the court that it was with the police and that he could produce it.
ASP Musore, in an answer to a question, said Selormey informed the panel that he signed a contract between Leebda Corporation of Texas and that he left the contract document in his office, but he could not trace it.
When he was asked if he later received a letter containing these documents from one Mr Bram Larbi, witness answered that he had no business doing with Mr. Larbi, who according to him, appeared somewhere along the line with some papers.
He said the accused had told the panel members that he had discussed the contract with Mr. Dan Abodakpi, the then Minister of Trade and Industry. Mr Abodakpi was, therefore, invited and interviewed by the panel.
Mr Musore said he was not on the panel that interviewed Mr Abodakpi. However, he collected the statement he made from the panel.
Witness said the statement that he received did not speak of any contract between Leebda and the Ministry of Justice.
He said he did not know if Mr Abodakpi had the authority to award the Court Computerisation Project contract.
Mr Musore said he had earlier told the court that Mr Abodakpi and Selormey disbursed the surplus funds from the Trade and Investment Programme (TIP).
The accused indicated that he briefed the then Minister of Finance, Mr Kwame Peprah on the TIP and not the contract.
Mr Musore said the company that he needed information about was Leebda, and he obtained this through the Ghana Embassy in the US.
When asked whether he was aware that Leebda and Mr Felix Owusu-Agyapong, a lawyer, together bid for the contract for the study, witness replied in the negative.
He also said he was not aware that it was the same Mr Owusu-Agyapong, now the Communications Minister, that was involved in the contract bid.
The investigator disagreed with counsel that he did a shoddy investigation.
Meanwhiles, when hearing opened on Wednesday, counsel for Selormy informed the court that his client couldn’t make it to the court because he was caught up in traffic as a result of the morning’s storm.
Hearing continues on Thursday.
GRi…/
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Kumasi (Ashanti Region) 28 June 2001
A Kumasi Circuit Tribunal on tuesday fined Adamu Kabiri, a petrol tanker driver, who caused the death of 17 passengers and the driver in a motor accident near Besease on the Kumasi-Accra road on June 4, 54 million cedis.
Kabiri pleaded guilty to the 18 counts of careless driving and negligently causing harm to 18 persons in the vehicle.
The tribunal presided over by Justice Ernest Yao Obimpeh convicted Kabiri on his own plea and sentenced him to a fine of three million cedis on each count totalling 54 million cedis in default to serve 12 months imprisonment on each count or 18 years in hard labour.
Presenting the facts of the case, Police Inspector Seth Amofa told the tribunal that on June 4, Kabiri, aged 58, was driving a Mercedez Benz petrol tanker at about 05:00 hours from Kumasi towards Tema.
He said on reaching a spot between Ejisu and Besease, Kabiri he attempted to overtake a vehicle ahead of him without watching the opposite direction.
The prosecution said in the process the tanker collided with a mini bus that was then coming from the opposite direction resulting in the death of all the 17 passengers and the driver on the spot.
GRi…/
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Omanhene cannot preside over festival-
Court
Cape Coast (Central Region) 28 June 2001
A Cape Coast High Court, presided over by Mrs Iris Heward-Mills on Wednesday, ruled in favour of a motion seeking to restrain the Omanhene of Edina Traditional Area, Nana Kodwo Conduah VI from exercising any public functions, including presiding over this year's 'Bakatue' festival, until his status as Omanhene, is 'fully and finally determined by the appropriate forum".
The court has in this regard directed the two factions in the dispute to meet with representatives of the Oguaa Traditional Council to draw up a programme for the celebration of the festival to help defuse the tension in Elmina.
This year's festival is scheduled for July 3 to 7.
The ex-parte motion filed by Supi J. A. Mark-Aaba, one of the kingmakers, last Thursday, asked the court to restrain Nana Conduah from committing further acts of contempt of court, particularly from presiding over this year's festival, until an appeal filed by Nana Conduah against a similar ruling last year has been determined.
Arguing against the motion, Mr Joseph Dawson, Counsel for Nana Conduah had urged the court not to grant it because according to him, it had no jurisdiction on chieftaincy matters.
Reacting to the ruling, Nana Conduah, who has been on the stool for four years, told newsmen he would continue to exercise his functions, and that he has filed a stay of execution against the ruling and re-echoed his counsel's stand that it was only the Regional House of Chiefs that could handle the case.
He also denied that tension was mounting in Elmina, saying that people were busily preparing towards the festival.
Supi Mark-Aaba and six other kingmakers opposed to Nana Conduah, issued a press release last month warning of possible chaos and mayhem if he was allowed to preside over the festival.
They recommended that to forestall any such incidents, the Adontenhene should preside over preparations and celebrations of the festival in collaboration of the chief fisherman.
GRi../
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Farmer sentenced to death for murder
Sunyani (Brong Ahafo) 28 June 2001
A Sunyani High Court presided over by Mr Justice Baffoe Bonnie, on Tuesday sentenced a 30-year-old farmer to death by hanging for stabbing two persons to death.
Bismark Kwame Annin, of Dormaa-Akwami was found guilty by a seven-member jury, of killing Kwadwo Sarbing and Adu Gyamfi, both residents of Sunyani.
Mr. Betuuriseeh Cab-Bayuo, Chief State Attorney, prosecuting, said on October 22, 1997, one Kwabena Kusi heard a loud 'bang' behind his window where he had parked his taxicab.
He said Kusi opened his window and saw someone trying to break into the car, so he alerted his father and Kwadwo Sarbing.
They tried to arrest the person, who turned out to be the accused, but he stabbed Sarbing with a screwdriver and took to his heels. Sarbing died later.
Mr. Cab-Bayuo said Adu Gyamfi who came across the fleeing thief attempted to arrest him but Annin stabbed him too.
Adu Gyamfi was sent to the Sunyani government hospital where he also died.
The prosecutor said the accused was, however, overpowered by some people and sent to the police station.
Mr. Ameyaw Kyeremeh, defence counsel submitted that the accused had been mistaken for the real culprit.
He said the accused was not the owner of either the polythene bag or the screwdriver allegedly used to stab the two victims.
"Although Annin was seen running away and therefore arrested, he did that only out of apprehension for the safety of his life".
GRi../
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