Court dismisses stay of proceedings application
Accra (Greater Accra) 30 May 2001
The Fast Track Court presided over by Justice Julius Ansah on Wednesday dismissed a motion of stay of proceedings filed by Defence Counsel for the ex-Youth and Sports Minister, Mallam Ali Yusif Isa.
Defence Counsel, Mr Ambrose Dery, has been given seven days within which to act or appeal against the application, otherwise proceedings will continue.
Mallam Isa is charged with two counts of stealing 46,000 dollars and fraudulently causing financial loss to the state. He has pleaded not guilty and has been granted 500 million cedis bail.
He is to report at the Police headquarters three days a week until the determination of the case. The accused person is also to deposit a land title deed to the registrar.
Mr Derry on Thursday, 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, Justice Ansah, an Appeal Court Judge sitting as an additional High Court Judge.
The interlocutory appeal was against the overruling 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 his submission on Tuesday, Mr Derry quoted extensively from the Court of Appeal Rule CI 21 of 1998 and rule 27 and 28 (IC 19) of 1997, to support his reasons why Justice Ansah must uphold his motion.
On Wednesday, Counsel prayed the court to waive Mallam Isa's bail term of reporting at the police headquarters, since it is becoming difficult for the accused to do so.
The court stated that it would consider counsel's request on condition that he has been reporting religiously to the police. The case was adjourned to June 8.
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