Accused persons implemented Cabinet decision - Counsel
Ninety-year old man remanded for psychiatric examination
Tribunal orders re-trial of father and son
Chief re-arrested after jumping bail
Self-styled teacher jailed 15 years for defilement
Accused persons implemented Cabinet
decision - Counsel
Accra (Greater Accra) 15 November 2001 - A defence counsel in the Quality Grain trial, on Wednesday told the Fast Track Court, that six persons charged with wilfully causing financial loss to the state implemented a Cabinet decision by processing documents for the government to guarantee loans for Quality Grain Company.
Mr David Lamptey, counsel for Dr George Yankey, the sixth accused, said there was evidence that the accused persons, by virtue of their official positions complied with a government decision.
Mr Lamptey was making a submission of "no case" in the trial in which Dr Yankey and five others are charged with conspiracy and wilfully causing financial loss to the state.
He said there was no evidence that the accused persons were personally asked to oversee the disbursement of the loans neither did the prosecution show that they benefited from the loans.
Counsel said it was on record that the loans were given to the company with Mrs Juliet Woodard Cotton as its Managing Director by South Trust Bank in the United States (US).
The other accused persons are Ibrahim Adam, former Minister of Food and Agriculture (MOFA), Kwame Peprah, former Finance Minister, Dr Samuel Dapaah, Nana Ato Dadzie and Kwesi Ahwoi, all former senior public officials.
They have pleaded not guilty and each of them is on a self-recognisance bail. Mr Lamptey said it was also in evidence that before the bank gave out the loans, it requested for a "sovereign guarantor" which was the Ghana government.
Counsel contended that the prosecution's tendered "deed of indemnity and floating charges" could be used to recover the loans in case of default.
He said it was also on record that the company used the loans to invest in a rice project at Aveyime in the Volta Region.
Mr Lamptey submitted that the accused persons, therefore, could not be held liable for their "acts" of processing documents for the loans to be guaranteed.
Counsel said the Prosecution did not lead evidence that the company, the principal debtor, rather caused financial loss to the state. Mr Lamptey continues on Thursday, November 15.
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Accra (Greater Accra) 15 November 2001 - An Accra Circuit Tribunal chaired by Mr Mohammed Nabon on Wednesday remanded a 90-year old man to a psychiatric hospital for thorough examination. He would reappear on December 20.
The accused, Adamu Busanga, a pensioner, pleaded guilty to a charge of unlawfully causing harm by inflicting severe cutlass wounds on one Issah Jabre, 64.
The Police told the court that about three weeks ago the accused person claimed that he had not received his pension allowance for about four months and, therefore, travelled from Bawku to Accra to rectify the problem at the Pension House.
After rectifying the problem, Busanga went to Nima to lodge with his younger brother but the brother had no suitable place for him to sleep. The brother, therefore, took him to the complainant to stay with him.
At about 2am on November 5, without any provocation, the accused inflicted cutlass wounds on the complainant.
He was taken to the Police Hospital for treatment but was referred to the Korle Bu Teaching Hospital the following day. Busanga admitted the offence but said he did not know what came over him.
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Accra (Greater Accra) 15 November 2001 - A Greater-Accra Regional Tribunal on Wednesday ordered the re-trial of a man and his son who were convicted by an Accra Circuit Tribunal on May 17 for possessing ammunition without lawful authority.
The order followed an appeal brought before the tribunal by Mr J. O. Amui, Defence Counsel, against their conviction and three-year jail sentence.
The tribunal, chaired by Mr Justice Charles L Quist, said since the charge preferred against Michael Kofi Dogbe and his son Paul Kwaku Dogbe, at the circuit tribunal was a first degree felony, it had no jurisdiction to try the accused persons.
Mr Justice Quist quoted section 44 (2) of the Courts' Act 1993, Act 459 to buttress his point, saying the provision stipulates: "A circuit tribunal has no jurisdiction to try an offence declared by an enactment to be first degree felony".
"This tribunal annuls the trial of the accused persons before the circuit tribunal," the judge declared.
Mr Justice Quist said the trial judge should have entered a plea of not guilty for the accused persons when they pleaded guilty with an explanation that the ammunition did not belong to them.
"The accused persons cannot be constructively linked with the possession of the arms, because there was no vicarious liability in criminal law," he said.
"The sentence is excessive having regard to the fact that the appellants, father and son, are first offenders." He, however, turned down counsel's application for bail for the accused persons stating that it was too premature.
Mr Justice Quist ordered that fresh charges be preferred against them by the Attorney General after which they should be arraigned before a community tribunal for committal proceedings to begin.
In his submissions earlier, Mr Amui said the conviction was wrong in law and could not be supported.
Counsel said there was a precondition to the charge, and that no prosecution could be brought against the accused unless it was instituted by the Attorney General or with his consent.
He said there was no such consent and nowhere in the facts was it stated that the Attorney General gave his consent for the prosecution of the case.
Counsel further submitted that the trial judge failed to consider the explanations given by his clients who were only first offenders.
Replying, Ms Stella Badu, State Attorney, upheld the view by defence counsel that the appellants were first offenders.
Ms Badu said since their charge was a first-degree felony, it had to be tried by a higher and not a lower court. She therefore upheld the tribunal's view that the trial by the circuit tribunal was a nullity and therefore prayed the regional tribunal to order a fresh trial.
In 1998, Raphael Dogbe Edoe, a notorious armed robber who was brother of Michael, was shot dead in Lome, Togo, during one of his armed robbery operations there.
After the death of Edoe, Michael and his junior brother, Warrant Officer Class Two Francis Dogbe, broke into his room and collected some ammunition, which they handed over to the Military Headquarters in Accra.
Later, Michael opened another room of the deceased where he found some AK 47 rifles and took them.
When information reached the WO that Michael and Paul had sold some of the arms to certain members of the deceased's robbery syndicate now at large, he reported the matter to soldiers at the Aflao border and they were arrested.
On May 7, father and son were put before the circuit tribunal chaired by Mrs Elizabeth Anderson-Yebuah for possessing firearms without lawful authority. The tribunal found them guilty, convicted and sentenced them to three years imprisonment each.
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Nsawam (Eastern Region) 15 November 2001 - The Nsawam Police on Tuesday re-arrested Nii Doudu Kwadjo, a 55-years-old chief of Ankwah Dobro, near Nsawam in the South Akwapim District for jumping bail.
He was previously arrested for allegedly shooting one William Okyere, a 35 year-old farmer of Ankwah Dobro.
The Police told the media that Nii Doudu Kwadjo, who was purportedly destooled by the Abusua Panyin Afum Kwasi and elders of the town, led a group of people to attack the town.
During the attack Nii Kwadjo allegedly fired a gun, which hit William Okyere in the thigh. Three persons also received cutlass wounds and were all taken to the Nsawam Government Hospital.
The Police source said Nii Duodu was then arrested but Nii Papaase Commey,
Chief of Papaase bailed him out.
Nii Kwadjo, who was expected to be reporting to the Police daily, rather went into hiding until his re-arrest. He was remanded in prison custody when he appeared before the Nsawam
Circuit court.
In another development the Nsawam Circuit Court has issued a warrant for the arrest of Nana Awuah Amponsaah, Queenmother of Ankwah Dobro for allegedly defrauding one Madam Afriyie, an Accra businesswoman, of the sum of 14.5 million cedis.
Madam Afriyie paid the money to the Queenmother in respect of a piece of land in March 2000.
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Nsawam (Eastern Region) 15 November 2001 - The Nsawam Circuit Court on Tuesday sentenced Razaak Ibrahim, 27 year-old self-styled teacher to 15 years' imprisonment with hard labour for defiling two children aged between nine and 11 at Pakro, near Nsawam. Ibrahim pleaded guilty.
The court, presided over by Mr S. S. Appiah heard that Ibrahim who used to teach her victims in the evenings, somewhere in April went to their house on his usual teaching assignment.
The parents of the victims were not around so after a few minutes he asked the victims to remove their pants, which they obliged.
Ibrahim then asked them to come and sit on his lap in turns and he defiled them and warned them not to mention the incident to anybody.
One of the victims was taken to Accra to continue her schooling and while there she fell sick and told her father about her ordeal with Ibrahim.
The father reported the matter to the Nsawam Police, who arrested Ibrahim. He admitted defiling the children during interrogation.
Before passing judgement, Mr Appiah warned that he would deal ruthlessly with anybody who appeared before him on a similar charge.
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