GRi in Court 22 - 11 - 2001

Supreme Court dismisses Selormey's Appeal

Court to rule on prima facie case on December 6

Bolgatanga court tries five men for murder

 

 

Supreme Court dismisses Selormey's Appeal

 

Accra (Greater Accra) 22 November 2001- The Supreme Court on Wednesday dismissed an application by Victor Selormey, former Deputy Minister of Finance, against certain orders made by the Fast Track Court (FTC) in his trial for malpractice in the court computerization project.

 

In its unanimous decision read by Mrs. Justice Joyce Bamford-Addo, the court referred the matter back to the FTC for continuation.

 

Giving reasons for its ruling, the Supreme Court said it upheld the decision of the trial court that documents covering the Court Computerization Project, could only be tendered in evidence by those who signed the contract.

 

The court explained that it was untenable in law for the defence to assume that the documents had to be tendered by the prosecution witness who was only an investigator in the case. The court stated that since the investigator did not sign the contract he would not be in a proper position to answer questions about the documents if he tendered them.

 

Selormey has been charged with six counts of conspiracy, defrauding by false pretences and wilfully causing financial loss to the State. He is accused of having conspired with Dr Fred Owusu-Boadu, a Ghanaian consultant in the United States, to fraudulently cause the loss of 1,297,500 dollars to the State.

 

The former deputy Finance Minister who has pleaded not guilty to the charges is on 1.5 billion cedis bail with two sureties to be justified.

 

Mr Justice Sam Baddoo, an Appeal Court Judge, sitting as an additional High Court Judge, is the presiding judge at his trial at the FTC.

 

The Supreme Court was presided over by Mr Justice Edward Kwame Wiredu, Chief Justice. The other panel members were Mrs Justice Bamford-Addo, Mr Justice A.K.B. Ampiah, Mr Justice E.D.K. Adjabeng, Mr Justice William Atuguba, Mr Justice George Lamptey and Ms Justice Sophia Akuffo.

GRi…/

 

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Court to rule on prima facie case on December 6

 

Accra (Greater Accra) 22 November 2001- The Fast Track will on Thursday December 6 rule whether a prima facie case has been made against six persons including two former Ministers of State, charged with conspiracy and wilfully causing financial loss to the state.

 

The court, presided over by Mr Justice Kwame Afreh said this when Mr Osafo Sampong, Director of Public Prosecutions (DPP) completed his arguments in reply to earlier submissions of "no case" by the defence.

 

Mr Sampong concluded by saying that the prosecution has given enough evidence against the accused persons to state their side of the case.

 

He urged the court to hold as a matter of fact that through the acts of the six persons, the country incurred financial loss as a result of loans granted to the Quality Grain Company without the approval of Parliament as required by law.

 

The accused persons are Ibrahim Adam, former Minister of Food and Agriculture (MOFA), Kwame Peprah, former Finance Minister, Dr Samuel Dapaah, Dr George Yankey, Nana Ato Dadzie and Kwesi Ahwoi, all former senior public officers.

 

They have all pleaded not guilty and each of them is on a self-recognisance bail.

When the prosecution rested its case after calling 21 witnesses, the defence applied to the court to make submissions of "no case" on behalf of their clients.

 

Counsel for all the accused persons submitted that the state did not incur any financial loss because the loans were used to establish a rice project at Aveyime in the Volta Region.

 

They contended that the prosecution failed to adduce sufficient evidence to prove that the accused persons committed the offence and urged the court to acquit and discharge them.

GRi…/

 

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Bolgatanga court tries five men for murder

 

Bolgatanga (Upper East) 22 November 2001- Five suspects, accused of murdering a man during this year's 'Daa' festival, of the people of Baare, in the Talensi area, were on Monday granted five million cedis bail each by a Bolgatanga Circuit Court.

 

They were alleged to have tortured the deceased, Galimore Kugre to death for defying a customary norm, which prohibits unqualified inhabitants of Baare to enter the Badog shrine in the area.

 

The suspects were to present one surety each to be justified, in addition, they would report to the Tongo Police every Saturday until they re-appear on December 3. The five suspects were Malbazzar Tendan, a custodian priest of the area, Daatii Tendan, Bismark Tendan Baa, Pora Tendan and Saa Tandan, a butcher.

 

The prosecutor, Police Inspector Achayire Gregory, who spoke to the Ghana News Agency in Bolgatanga, said the accused persons were shrine attendants, who were displeased with the actions of the inhabitants of the village. They drove them away from the shrine during the festival but the deceased forcibly entered the shrine.

 

He said four of the accused persons beat Kugre up until he was unconscious and then took him to the house of the custodian priest and abandoned him there.

 

Inspector Achayire said at about noon the next day, the son of the deceased, Kolgo Galmlore heard about his father's torture and rushed to the priest's house and took him to the Tongo Health Centre. He said the deceased condition was found critical so he was referred to the Bolgatanga Central Hospital, where he was pronounced dead on arrival.

 

Counsels for the suspects, Mr Ben Kaba and Mr John Ndebugre, both private legal practitioners in Bolgatanga, jointly requested bail for their clients. In their request they contended that there was a dispute in the community, which involved two factions.

 

They expressed the fear that if bail was not granted to both parties, it could spark mayhem whose result could bring untold hardships, especially to women and children.

 

The two counsels said once the courts were there to ensure that peace existed within their jurisdictions it was only proper that the request for bail for all five suspects were granted. They assured the court that they would make sure their clients appeared before it anytime that they were needed.

GRi…/

 

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