Abodakpi's fresh application dismissed

December 6, 2007 (Page 3)

Story: Mabel Aku Baneseh

THE Court of Appeal yesterday dismissed an application which sought to introduce fresh evidence in an appeal filed by Dan Abodakpi, a former Minister of Trade and Industry, against his 10-year conviction for causing financial loss of $400,000 to the state.
Abodakpi had prayed the court to admit his application which accused the trial judge, Mr Justice S.T. Farkye, of having risen from the courtroom on the day of judgement, at the instance of Mrs Justice Abban, an Appeal Court judge, to hold discussions with her, thereby acting in a manner that gave rise to real likelihood of bias.
According to Abodakpi, during the discussions, Mrs Justice Abban had directed Mr Justice Farkye to impose a 10-year sentence, instead of the four years which Mr Justice Farkye had intended to impose on Abodakpi.
In an unanimous decision, the court, presided over by Mr Justice S.E. Kanyoke, with Mr Justice F. Kusi-Appiah and Mr Justice Yaw Appau as panel members, held that the application was misplaced and had no merit whatsoever.
The court affirmed that the appellant’s allegations were not credible because they were mere speculations.
It said granted the allegation was true, it was not a relevant issue before the court which was trying the appellant for causing financial loss to the state.
It further held that the allegation was not a piece of evidence that could be adduced at the trial court, adding that the appellant failed to inform the court whether there was a third party who overheard the two judges talking.
According to the court, the two judges were Court of Appeal judges who met daily and well before the appellant stood trial, and for that matter the appellant’s allegations did not make sense to the court.
It pointed out that the appellant himself had admitted that what he (appellant) sought the court to do was unusual.
The court, accordingly, dismissed the application.
A date is yet to be fixed for the hearing of the substantive appeal.
Abodakpi, who wore a white linen shirt, was escorted back to prison after the ruling.