Tribunal to decide on release of Sherry Ayittey's passport
Accused persons performed work on Quality Grain as public servants
Accra (Greater Accra) 28 September 2001 - An Accra Circuit Tribunal will decide on October 24 whether the passport of Sherry Ayittey, former Chief Executive of GIHOC Distilleries who is facing charges of corruption of public officer, should be released to her.
Mr Samuel Vanderpuye, Counsel for Ayittey, told the court that his client's passport was taken by the police during their investigations and has not been returned.
Ayittey, a top official of the 31st December Women's Movement, is alleged to have corruptly accepted 820,000 dollars and 25 million cedis from Dr Albert Owusu Barnafo, Business Consultant of Ghana Rubber Estate Limited (GREL) as reward for influencing the divestiture of the company.
Ayittey, a former member of the Board of Directors of the Divestiture Implementation Committee (DIC) has pleaded not guilty and has been granted a 500 million-cedi self-recognisance bail.
In the dock with her is Ralph Casely-Hayford, an engineer, charged with accepting bribe to influence a public officer. He has also pleaded not guilty and is on a 100 million-cedi self-recognisance bail.
Mr Vanderpuye said since Sherry Ayittey has been granted self-recognisance bail, her passport should be released to her. "The Supreme Court said even though the passport belongs to the government it has no right to take it back," he said.
Deputy Superintendent of Police (DSP) Patrick Sarpong asked for a date to consolidate the case involving Ayittey and Casely-Hayford and the other one involving Sati Ocran, a member of the 31st December Women's Movement, who has also been charged for accepting 15 million cedis bribe to influence a public officer.
Sati, who pleaded not guilty, has since been granted 30 million cedis self-recognisance bail.
The case for the prosecution is that as part of the Economic Reform Programme, the Government of Ghana, acting through its agent, the DIC, in 1995 listed GREL in Takoradi for divestiture.
Societe Industrielle Plantation Hevea (SIPH), a French Company, which was then managing GREL, expressed interest to acquire the company and engaged a consultant to assist them.
DSP Sarpong said in the course of the divestiture process, SIPH encountered some difficulties and decided to solicit the support of the 31st December Women's Movement through Ayittey.
SIPH's consultant contacted a third person, a friend of Ayittey, to convince her to assist the company win the bid to acquire GREL.
The prosecution said the witness agreed to do so if only the witness could reward her. The witness obliged and promised to give her some money after SIPH had won the bid for GREL.
He said Ayittey agreed to lend her support if SIPH could pay one million dollars to the 31st December Movement through her.
Ayittey held a series of meetings with the DIC Executive Secretary and Mr Dan Abodakpi, then Deputy Minister of Trade.
The prosecution said after each meeting Ayittey communicated the outcome to the consultant, who in turn communicated the results to the management of SIPH.
The prosecution said in 1996 Ayittey travelled to Paris with two other witnesses in the case on the ticket of SIPH and held meetings with the board members of SIPH on the divestiture of GREL.
Before Ayittey's departure to Paris, a meeting was held with some board members of SIPH at the offices of the 31st December Women's Movement, where Ayittey was given 20,000 dollars.
In 1998 Ayittey received 800,000 dollars in four instalments out of the one million dollars she requested: 250,000 dollars, 180,000 dollars, 120,000 dollars, and 150,000 pounds.
At the same time that Ayittey was being contacted, the consultant sought the assistance of Mr Abodakpi, who was also a member of the DIC Board.
The prosecution said Casely-Hayford and one other witness were contacted to assist. When the witness introduced the person who wanted to see Mr Abodakpi to him, Casely-Hayford opted to be the liaison between Abodakpi and the witness.
Casely-Hayford, therefore, dealt with Mr Abodakpi and later collected 60 million cedis from the witness to be given to him.
He also collected 10 million cedis as his share for the part he played. The prosecution said on November 4, 1996, the witness satisfied the preconditions of the third accused with 15 million cedis.
GRi../
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Accra (Greater Accra) 28 September 2001 - Two of the six accused persons, who are being tried in the Quality Grain case, performed their duty as directed by the government, a prosecution witness told the Fast Track Court on Thursday.
Police Inspector Stephen Kwame Adarkwa, attached to the Serious Fraud Office (SFO), agreed with a suggestion by defence counsel that, the involvement of Kwame Peprah, former Finance Minister and Dr George Yankey, former Chief Director at the Finance Ministry in the company's affairs was "purely carrying out government directives".
Inspector Adarwka, who said this under cross-examination, however, disagreed with a suggestion that the two did not wilfully cause financial loss to the state.
Witness said although the accused performed their official function, they should have ensured that the guarantee the government gave to loans granted the company was proper.
The other accused persons are, Ibrahim Adam, former Minister of Food and Agriculture (MOFA), Dr Samuel Dapaah, Nana Ato Dadzie and Kwesi Ahwoi, all former senior public officials.
They have pleaded not guilty to two counts of conspiracy and wilfully causing financial loss to the state and each of them is on a self-recognisancebail.
Another prosecution witness, Mr Iddris Egala, an accountant of Egala and Atiso Partners, told the court that sometime in 1995, a Director of the Quality Grain Company, Juliet Reene Woodard contracted his firm to prepare a project report on the company.
Led by Director of Public Prosecutions (DPP) Mr Osafo Sampong, witness said after he had submitted the report, the woman arranged a meeting with some officials of the Agriculture Development Bank (ADB), which he attended.
Mr Egala said nothing purposeful came out of the meeting and he never heard of her again. Witness identified the report he prepared and it was tendered.
He, however, denied knowledge of another report that was supposed to have been prepared by his firm. Hearing continues on Friday.
GRi../
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Accra (Greater Accra) 28 September 2001 - The Court of Appeal, on Thursday dismissed an appeal by Victor Selormey, former Deputy Finance Minister, against two rulings of the Fast Track Court (FTC) that is trying him for fraudulently, causing financial loss of 1.3 million dollars to the state.
The Trial Judge Justice Sam G. Baddoo last month refused to allow defence witnesses to tender some documents and a CD-ROM.
The three-man panel: Mr Justice Kwame Afreh, Chairman, Mr Justice Omari Sasu and Mr Justice Sule Gbadegbe held that Mr Justice Baddoo, did not err in law when he refused to allow a defence witness to tender contract documents signed between Selormey and a Ghanaian Consultant in the United States (US).
The court said the Trial Judge was right because the witness was neither a party to it nor did he have "personal knowledge" of their contents.
The Panel again agreed that the court was right to have disallowed a defence witness from tendering a CD-ROM, which the consultant, Dr Frederick Owusu Boadu displayed to three of them.
Last month, the FTC refused an application by the defence to allow its witness to tender the contract and CD-ROM.
The court said since the witness was not a party nor had personal knowledge of the documents, he or she would not be able to answer question on them.
It rather said Selormey must be recalled into the witness box to tender the documents since he was a party to it. Dissatisfied with the court's ruling, Selormey appealed against the decision.
The Court of Appeal said it was on record that the Judge used his discretion to recall the appellant to tender the document and CD-ROM, but the defence declined the offer.
The Judges said this was an opportunity granted the appellant to convince the court that indeed, there was a contract and that work was done for the Court Computerisation Project, which he signed on behalf of the government.
In a dissenting opinion, Mr Justice Gbadegbe disagreed with the trial judge for not accepting the documents including the contract, for identification purposes until the rightful persons tendered.
GRi../
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