Kwame Peprah's role in Quality Grain was official- Counsel
Chief files writ against Daily Guide for defamation
Accra (Greater Accra) 08 November 2001 - Counsel for Kwame Peprah, third accused in the Quality Grain trial, on Thursday told the Fast Track Court that his client acted in official capacity on behalf of the government when he guaranteed a
21-million dollar loan for the Quality Grain Company.
Mr Kwaku Baah said the prosecution should, therefore, not charge Peprah, former Finance Minister for wilfully causing financial loss to the state.
Making a submission of "no case" in a matter in which Peprah and five others are charged with conspiracy and wilfully causing financial loss to the state.
When the prosecution ended its case last week after calling 21 witnesses, counsel for the accused persons applied to the court to make submissions of "no case" for their clients.
Counsel said it was in evidence that in 1996, Parliament approved of a rice project to be undertaken by the company at Aveyime in the Volta Region. It is also on record that Parliament guaranteed an initial loan of seven million dollars for the purchase of farm equipment.
Mr Baah said the prosecution tendered a document which was a memorandum addressed to the Cabinet in 1997 for consideration and approval of additional loan to the company.
Counsel contended that none of the prosecution witnesses testified that they enquired from the former Cabinet whether it agreed for the government to guarantee loans to the company.
The other accused persons are, Ibrahim Adam, former Minister of Food and Agriculture, Dr Samuel Dapaah, Dr George Yankey, Nana Ato Dadzie and Kwesi Ahwoi all former senior government officials.
They have all pleaded not guilty and each of them is on self-recognisance bail. Mr Baah quoted relevant provisions in the constitution in support of his argument that Peprah, as a Cabinet Minister carried out a responsibility of being mandated by the Executive to comply with a policy.
Counsel said the prosecution did not lead any evidence to show that his client conspired with any of the accused persons and caused financial loss to the state. He submitted that in law, the burden was on the prosecution to prove all the elements in a criminal act against accused persons.
Mr Baah said since the prosecution has failed to do so, Peprah was not obliged to be called upon to open his defence. Hearing continues on Monday, November 12.
GRi../
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Kumasi (Ashanti Region) 08 November 2001-Nana Owusu Amankwaah Ababio, chief of Patuda in Kumasi has filed a writ at a Kumasi High Court against the Daily Guide newspaper and Western Publications Limited, claiming 200 million cedis in damages for defamation.
Others mentioned in the writ are Adu Tutu, Managing Director of A Two Quarry Company Limited and one Ntim Duodu. The writ is also seeking a perpetual injunction on the defendants, their agents and any person claiming title through them from making defamatory publications against him.
In his statement of claim, Nana Amankwah Ababio said the 29th October 2001 edition of the Daily Guide portrayed him as a murderer and the leader of armed robbers who were arrested in Kumasi when Mr Yaw Adu Gyimah was the Ashanti Regional Police Commander.
According to the plaintiff, the publication said a machine gun and two magazines loaded with 15 bullets each were found in his possession without permit.
The statement of writ said about four years ago, Mr Adu Tutu, who is the third defendant, trespassed into a portion of Nana Amankwah Ababio's stool land. It said Mr Tutu and his agents and workmen assaulted the plaintiff, seized his licensed gun and reported him (Nana) to the police.
The statement said the publication also stated that the plaintiff and others shot and killed one man instantly at Ampeyo, near Kumasi. It mentioned that the publication is false and is an attempt to soil his reputation and that Mr Tutu corroborated the false story.
The statement said the publication stated that Mr Adu Gyimah, a Senior Police Officer now on interdiction, supplied arms and ammunition to armed robbers including the plaintiff.
It said the plaintiff who is known in private life as Kwame Darkwa has been treated with contempt since the publication and has subjected him to public ridicule and hatred. It has also reduced his good name, reputation and fame in the estimation of right thinking members of society.
The statement said the subjects of the plaintiff, his business partners and some chiefs have shunned his company on hearing that he is a murderer, armed robber and possessed a lot of unlicensed guns.
It noted that the defendants intentionally made the false publication with the intention of injuring the plaintiff.
GRi…/
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