November 22, 2007 (Page 20 & 45)
Story: Mabel Aku Baneseh
THE two British juveniles who were found in possession of six kilogrammes of cocaine hidden in their laptop bags were yesterday convicted by the Juvenile Court in Accra.
The court found Yasemin Vatasever and Yetunde Diya, both 16 and of Cypriot and Nigerian parentage, guilty of conspiracy and possessing narcotic drugs without lawful authority.
Sentencing of the two was, however, deferred to December 5, 2007.
The court deferred their sentences because it was awaiting a social services report on the juveniles from the British authorities.
Lawyers of the two have declared their intention to file an appeal against the convictions.
Journalists were later informed after the conviction that the girls broke down in tears after the court’s verdict.
Their trial was heard in camera because the law does not permit cases involving juveniles to be heard in open court.
The convicts who, as usual, hid their faces from the public, were whisked away by security officials after the verdict.
According to the court, the prosecution had established a prima facie case beyond reasonable doubt against the convicts.
Seven prosecution witnesses and one defence witness were called in the trial, which lasted four months.
The girls had pleaded not guilty to two counts of conspiracy and possession of narcotic drugs without lawful authority and maintained that they were lured into Ghana by two men who left them to their fate.
The two were arrested at the Kotoka International Airport (KIA) by officials of the Narcotics Control Board (NACOB) on July 2, 2007.
Each had in her possession three kilogrammes of cocaine hidden in her laptop bag.
Meanwhile, the families of the two convicts have expressed their deep disappointment at the verdict.
In a statement issued immediately after the verdict, they said, “Yasemin and Yetunde were two extremely vulnerable young girls whose naivety was ruthlessly exploited by the men who lured them into Ghana and left them to this terrible fate.”
It said “while drugs smuggling is clearly a problem which the Ghanaian authorities wish to prevent, our daughters are not the criminal masterminds which the prosecuting authorities have attempted to portray them as being”.
The statement expressed appreciation to the British High Commission, Fair Trials International and Joe Stone from Doughty Street Chambers for their assistance and support “during this difficult time”.
Thursday, November 22, 2007
Stolen GOIL coupons were worth ¢9.1 billion
November 21, 2007 (Page 3)
Story: Mabel Aku Baneseh
THE Accra circuit court trying four persons for allegedly stealing fuel coupons belonging to the Ghana Oil Company Limited (GOIL) was yesterday informed that the value of stolen coupons had risen from ¢4.5 billion to ¢9.1 billion.
According to the prosecution, investigations were ongoing and it was likely that the number of coupons which were stolen between September and October this year might rise.
Four persons — Emmanuel Amegashie, Production Technician of Camelot Ghana Limited, printers of the coupons; Lawrence Avorgbedor, former employee of Camelot Ghana Limited; Joshua Kwamina Asamoah, a taxi driver, and Samuel Kofi Addo, a former fuel pump attendant at the Dansoman GOIL Filling Station — are alleged to have committed the offence.
The police have since seized two vehicles, a BMW saloon car and a Toyota Four Runner, belonging to Avorgbedor and a KIA saloon car belonging to Asamoah.
Initial investigations revealed that Amegashie, who was also in charge of Quality Control, Plant, Equipment and Electrical Maintenance, allegedly went into the hologram vault room and stole more than 30,000 leaflets of the GH¢20 and GH¢15 denominations of the fuel coupons and gave them to Avorgbedor for sale.
Avorgbedor then printed serial numbers on the coupons and gave them to Asamoah, who in turn gave them to Addo for sale.
The accused persons each pleaded not guilty to two counts of conspiracy and stealing and were remanded to appear again on November 20, 2007.
At the court’s sitting in Accra yesterday, counsel for the accused persons prayed the court to grant their clients bail but the prosecution objected, with the reason that the accused persons might interfere with investigations if they were granted bail, since investigations were ongoing to determine the exact amount involved in the deal.
The court, after listening to arguments from both the defence team and the prosecution, decided to rule on the bail application today.
On November 9, 2007, the court remanded the accused persons based on the statement from the prosecution that investigations were ongoing.
The facts of the case are that Amegashie was caught on camera carrying the items out of the Hologram and Micro Numbering Vault rooms of Camelot Ghana Limited.
According to the prosecution, Addo began selling the stolen coupons after he had been contracted by Asamoah to do so and later resigned as a fuel station attendant to sell the coupons full-time.
The prosecution stated that the audit department of GOIL later detected that the serial numbers printed on the coupons were different from the genuine coupons. It then alerted the other filling stations to be on the look out and on October 30, 2007, Addo was arrested at the Dansoman GOIL Filling Station when he went there to sell the coupons.
Addo’s arrest eventually led to the arrest of the other accused persons.
Nine filling stations are suspected to be involved in the deal in Accra alone.
Investigations are going on nationwide to determine the exact amount involved in the deal.
Story: Mabel Aku Baneseh
THE Accra circuit court trying four persons for allegedly stealing fuel coupons belonging to the Ghana Oil Company Limited (GOIL) was yesterday informed that the value of stolen coupons had risen from ¢4.5 billion to ¢9.1 billion.
According to the prosecution, investigations were ongoing and it was likely that the number of coupons which were stolen between September and October this year might rise.
Four persons — Emmanuel Amegashie, Production Technician of Camelot Ghana Limited, printers of the coupons; Lawrence Avorgbedor, former employee of Camelot Ghana Limited; Joshua Kwamina Asamoah, a taxi driver, and Samuel Kofi Addo, a former fuel pump attendant at the Dansoman GOIL Filling Station — are alleged to have committed the offence.
The police have since seized two vehicles, a BMW saloon car and a Toyota Four Runner, belonging to Avorgbedor and a KIA saloon car belonging to Asamoah.
Initial investigations revealed that Amegashie, who was also in charge of Quality Control, Plant, Equipment and Electrical Maintenance, allegedly went into the hologram vault room and stole more than 30,000 leaflets of the GH¢20 and GH¢15 denominations of the fuel coupons and gave them to Avorgbedor for sale.
Avorgbedor then printed serial numbers on the coupons and gave them to Asamoah, who in turn gave them to Addo for sale.
The accused persons each pleaded not guilty to two counts of conspiracy and stealing and were remanded to appear again on November 20, 2007.
At the court’s sitting in Accra yesterday, counsel for the accused persons prayed the court to grant their clients bail but the prosecution objected, with the reason that the accused persons might interfere with investigations if they were granted bail, since investigations were ongoing to determine the exact amount involved in the deal.
The court, after listening to arguments from both the defence team and the prosecution, decided to rule on the bail application today.
On November 9, 2007, the court remanded the accused persons based on the statement from the prosecution that investigations were ongoing.
The facts of the case are that Amegashie was caught on camera carrying the items out of the Hologram and Micro Numbering Vault rooms of Camelot Ghana Limited.
According to the prosecution, Addo began selling the stolen coupons after he had been contracted by Asamoah to do so and later resigned as a fuel station attendant to sell the coupons full-time.
The prosecution stated that the audit department of GOIL later detected that the serial numbers printed on the coupons were different from the genuine coupons. It then alerted the other filling stations to be on the look out and on October 30, 2007, Addo was arrested at the Dansoman GOIL Filling Station when he went there to sell the coupons.
Addo’s arrest eventually led to the arrest of the other accused persons.
Nine filling stations are suspected to be involved in the deal in Accra alone.
Investigations are going on nationwide to determine the exact amount involved in the deal.
Nothing fishy about granting of bail
November 21, 2007 (Page 3)
Story: Mabel Aku Baneseh
ONE of the lawyers for the Managing Director (MD) of Trasacco Company Limited, Ian David Morris, and nine others has described as false an assertion by an Accra-based lawyer, Mr Bight Akwetey, that there was something “fishy” in the granting of bail to his clients by the Appeal Court on Monday.
Mr Morris and the nine others were granted bail by the Court of Appeal after they had been jailed for 45 days by an Accra High Court for contempt of court on Monday morning.
Mr Kofi Peasah-Boadu said it was “unfortunate and inappropriate” for Mr Akwetey to cast insinuations at the judiciary, adding that “there was nothing fishy because the due process of the law was followed. Nobody procured the panel to hear the matter. We filed our processes at the registry and our case was accordingly listed and heard on its merit”.
Reacting to an assertion by Mr Akwetey that the way in which bail was granted was suggestive of how the legal system was being manipulated by "big people" in a story on page three of yesterday’s Daily Graphic titled “Appeal Court saves Trasacco MD, Others”, counsel said nobody manipulated the judiciary.
He said the panel that sat was made up of people of great repute who applied the law in their work and it was, therefore, not right for Mr Akwetey to cast wild and unsubstantiated insinuations at the panel and the judiciary as a whole.
“If the High Court has powers to hear an application ex-parte in urgent cases, I cannot see any reason the Court of Appeal cannot hear our application for bail where the liberty of the applicants was at stake,” counsel queried.
Mr Akwetey had said that the manner in which the Appeal Court was quickly constituted to sit and grant bail to the contemnors looked “funny and fishy”, but counsel for the Trasacco MD responded that the panel was an afternoon session which had already been empanelled to hear cases for the day.
Mr Peasah-Boadu said the panel was sitting well before the application for bail was filed, adding, “Mr Akwetey argued on a wrong premise because, in the first place, he was talking about stay of execution pending appeal, while we filed for bail pending appeal.”
The MD of Trasacco Company Limited had been convicted alongside two of his directors, Cinzia Ines Taricone and Ernesto Taricone.
The contemnors, who had earlier in the day been jailed 45 days, were granted bail later in the evening by the Court of Appeal.
The other appellants were Alhaji Mohammed, the CEO of Magnum Force Security Company; Adwoa Omari, the MD of Empire Builders Limited; Winifred Kumodzie, surveyor of Empire Builders Limited and Trasacco Company Limited; George Akakpo, Head of Security, Empire Builders Limited and Trasacco Company Limited.
Trasacco Company Limited, Empire Builders Limited and Mangnum Force Security Company Limited were convicted as entities by the court which found them guilty for trespassing on the lands of residents and developers of Nmai-Dzorn, a suburb of Accra.
The 10 had, on November 5, 2007, escaped jail after they were convicted for flouting the orders of a competent court of law by trespassing on the property of Nmai Dzorn residents association when their counsel's application for bail was granted.
However, at the court’s sitting in Accra on Monday, all odds turned against them when the court refused to grant them bail pending the outcome of an appeal against their conviction.
In less than four hours after their conviction, lawyers for the appellants, namely, Messrs Ayikoi Otoo, Kofi Peasah-Boadu and David Kudzoadji, filed an application for bail pending the outcome of the appeal against their clients’ conviction.
Their case was instantly listed before a panel of judges and heard.
The court, presided over by Mrs Justice Henrietta Abban, with Mr Justice Samuel Marful-Sau and Ms Mariama Owusu as panel members, heard the ex-parte motion for bail filed on behalf of the appellants by their lawyers.
Counsel for the appellants argued that the lower court had no jurisdiction to hear the contempt case because there was no formal transfer of the case which was then at the Tema High Court to Accra by the Chief Justice, as was required by law.
Counsel had also argued that the appellants were not parties to the suit which was filed against the Nungua Stool by the Nmai Dzorn residents association, adding that the appellants bought the land from the Nungua Stool before judgement was given against the stool in 2003.
The court, after listening to the appellants’ arguments, held that counsel for the appellants had raised very salient legal issues which needed to be looked at.
It also held that the sentence against the appellants was short and if they were allowed to serve their sentences, they would have completed their sentence before the appeal would be heard, thereby constituting a substantial miscarriage of justice.
The court, accordingly, granted the appellants bail in the sum of ¢500 million each with a surety.
On November 5, 2007, the Accra High Court sentenced the MD of the estate developing company and the nine others after convicting them for contempt of court but they were not put in custody because the court granted each of them ¢500-million self-recognisance bail following a notice of appeal which was swiftly filed on behalf of the contemnors by their former counsel, Mr Kizito Beyuo.
The High Court in 2003 gave judgement in favour of the applicants against the Nungua Traditional Council which happened to have sold the land to Trasacco Company Limited and Empire Builders Limited.
In the substantive case, the Nmai Dzorn residents association said they took a writ of possession of the land in 2003 but the appellants forcibly and brutally took over the land.
They stated that the appellants were very much aware of the court's judgement which declared them as the rightful owners of the land but the appellants still went ahead to take over the land.
According to them, the appellants were currently building a wall round their clients’ property and that prompted the applicants to file a motion of contempt against the contemnors.
Story: Mabel Aku Baneseh
ONE of the lawyers for the Managing Director (MD) of Trasacco Company Limited, Ian David Morris, and nine others has described as false an assertion by an Accra-based lawyer, Mr Bight Akwetey, that there was something “fishy” in the granting of bail to his clients by the Appeal Court on Monday.
Mr Morris and the nine others were granted bail by the Court of Appeal after they had been jailed for 45 days by an Accra High Court for contempt of court on Monday morning.
Mr Kofi Peasah-Boadu said it was “unfortunate and inappropriate” for Mr Akwetey to cast insinuations at the judiciary, adding that “there was nothing fishy because the due process of the law was followed. Nobody procured the panel to hear the matter. We filed our processes at the registry and our case was accordingly listed and heard on its merit”.
Reacting to an assertion by Mr Akwetey that the way in which bail was granted was suggestive of how the legal system was being manipulated by "big people" in a story on page three of yesterday’s Daily Graphic titled “Appeal Court saves Trasacco MD, Others”, counsel said nobody manipulated the judiciary.
He said the panel that sat was made up of people of great repute who applied the law in their work and it was, therefore, not right for Mr Akwetey to cast wild and unsubstantiated insinuations at the panel and the judiciary as a whole.
“If the High Court has powers to hear an application ex-parte in urgent cases, I cannot see any reason the Court of Appeal cannot hear our application for bail where the liberty of the applicants was at stake,” counsel queried.
Mr Akwetey had said that the manner in which the Appeal Court was quickly constituted to sit and grant bail to the contemnors looked “funny and fishy”, but counsel for the Trasacco MD responded that the panel was an afternoon session which had already been empanelled to hear cases for the day.
Mr Peasah-Boadu said the panel was sitting well before the application for bail was filed, adding, “Mr Akwetey argued on a wrong premise because, in the first place, he was talking about stay of execution pending appeal, while we filed for bail pending appeal.”
The MD of Trasacco Company Limited had been convicted alongside two of his directors, Cinzia Ines Taricone and Ernesto Taricone.
The contemnors, who had earlier in the day been jailed 45 days, were granted bail later in the evening by the Court of Appeal.
The other appellants were Alhaji Mohammed, the CEO of Magnum Force Security Company; Adwoa Omari, the MD of Empire Builders Limited; Winifred Kumodzie, surveyor of Empire Builders Limited and Trasacco Company Limited; George Akakpo, Head of Security, Empire Builders Limited and Trasacco Company Limited.
Trasacco Company Limited, Empire Builders Limited and Mangnum Force Security Company Limited were convicted as entities by the court which found them guilty for trespassing on the lands of residents and developers of Nmai-Dzorn, a suburb of Accra.
The 10 had, on November 5, 2007, escaped jail after they were convicted for flouting the orders of a competent court of law by trespassing on the property of Nmai Dzorn residents association when their counsel's application for bail was granted.
However, at the court’s sitting in Accra on Monday, all odds turned against them when the court refused to grant them bail pending the outcome of an appeal against their conviction.
In less than four hours after their conviction, lawyers for the appellants, namely, Messrs Ayikoi Otoo, Kofi Peasah-Boadu and David Kudzoadji, filed an application for bail pending the outcome of the appeal against their clients’ conviction.
Their case was instantly listed before a panel of judges and heard.
The court, presided over by Mrs Justice Henrietta Abban, with Mr Justice Samuel Marful-Sau and Ms Mariama Owusu as panel members, heard the ex-parte motion for bail filed on behalf of the appellants by their lawyers.
Counsel for the appellants argued that the lower court had no jurisdiction to hear the contempt case because there was no formal transfer of the case which was then at the Tema High Court to Accra by the Chief Justice, as was required by law.
Counsel had also argued that the appellants were not parties to the suit which was filed against the Nungua Stool by the Nmai Dzorn residents association, adding that the appellants bought the land from the Nungua Stool before judgement was given against the stool in 2003.
The court, after listening to the appellants’ arguments, held that counsel for the appellants had raised very salient legal issues which needed to be looked at.
It also held that the sentence against the appellants was short and if they were allowed to serve their sentences, they would have completed their sentence before the appeal would be heard, thereby constituting a substantial miscarriage of justice.
The court, accordingly, granted the appellants bail in the sum of ¢500 million each with a surety.
On November 5, 2007, the Accra High Court sentenced the MD of the estate developing company and the nine others after convicting them for contempt of court but they were not put in custody because the court granted each of them ¢500-million self-recognisance bail following a notice of appeal which was swiftly filed on behalf of the contemnors by their former counsel, Mr Kizito Beyuo.
The High Court in 2003 gave judgement in favour of the applicants against the Nungua Traditional Council which happened to have sold the land to Trasacco Company Limited and Empire Builders Limited.
In the substantive case, the Nmai Dzorn residents association said they took a writ of possession of the land in 2003 but the appellants forcibly and brutally took over the land.
They stated that the appellants were very much aware of the court's judgement which declared them as the rightful owners of the land but the appellants still went ahead to take over the land.
According to them, the appellants were currently building a wall round their clients’ property and that prompted the applicants to file a motion of contempt against the contemnors.
Appeal Court saves Trasacco MD, others
November 20, 2007 (Page 3)
Story: Mabel Aku Baneseh
THE Court of Appeal yesterday saved the necks of the Managing Director of Trasacco Company Limited, Mr. Ian David Morris, and nine others who were jailed for 45 days by an Accra High Court for contempt of court.
The contemnors who had earlier in the day worn distressed faces at the lower court were, within less than eight hours smiling out of the Court of Appeal.
They left the court premises around 5.30 p.m. with smiles after the court had granted an application for bail filed on their behalf by their lawyers.
Morris had been convicted alongside two of his directors, Cinzia Ines Taricone and Ernesto Taricone.
The other appellants were Alhaji Mohammed, CEO of Magnum Force Security Company, Adwoa Omari, Managing Director of Empire Builders Limited, Winifred Kumodzie, surveyor of Empire Builders Limited and Trasacco Company Limited, George Akakpo, Head of Security, Empire Builders Limited and Trasacco Company Limited.
Trasacco Company Limited, Empire Builders Limited and Mangnum Force Security Company Limited were convicted as entities by the court which found them guilty for trespassing on the lands of residents and developers of Nmai-Dzorn, a suburb of Accra.
The 10 had on November 5, 2007 escaped jail after they were convicted for flouting the orders of a competent court of law by trespassing on the property of Nmai Dzorn residents association when their counsel's application for bail was granted.
However, at the court’s sitting in Accra yesterday, all odds turned against them when the court refused to grant them bail pending the outcome of an appeal against their conviction.
In less than four hours after their conviction, lawyers for the appellants namely, Mr. Ayikoi Otoo, Mr. Kofi Peasah-Boadu and Mr. David Kudzoadji filed an application for bail pending the outcome of the appeal against their clients’ conviction.
Their case was instantly listed before a panel of judges and heard.
The court, presided over by Mrs. Justice Henrietta Abban with Mr. Justice Samuel Marful-Sau and Ms. Mariama Owusu as panel members heard the ex-parte motion for bail filed on behalf of the appellants by their lawyers.
Counsel for the appellants argued that the lower court had no jurisdiction to hear the contempt case because there was no formal transfer of the case which was then at the Tema High Court to Accra by the Chief Justice as was required by law.
Counsel had also argued that the appellants were not parties to the suit which was filed against the Nungua Stool by the Nmai Dzorn residents association adding that the appellants bought the land from the Nungua Stool before judgement was given against the Nungua Stool in 2003.
The court after listening to the arguments of the appellants held that the counsel for the appellants had raised very salient legal issues which needed to be looked at.
It also held that the sentence against the appellants was short and if the appellants were allowed to serve their sentence, they would have completed their sentence before the appeal would be heard thereby constituting a substantial miscarriage of justice.
The court accordingly granted the appellants bail in the sum of ¢500 million each with a surety.
On November 5, 2007, the Accra High Court sentenced the MD of the estate developing company and the nine others after convicting them for contempt of court but they were not put in custody because the court granted each of them ¢500-million self-recognisance bail following a notice of appeal which was swiftly filed on behalf of the contemnors by their former counsel, Mr. Kizito Beyuo.
The High Court in 2003 gave judgement in favour of the applicants against the Nungua Traditional Council which happened to have sold the land to Trasacco Company Limited and Empire Builders Limited.
In the substantive case, the Nmai Dzorn residents association said they took a writ of possession of the land in 2003 but the appellants forcibly and brutally took over the land.
They stated that the appellants were very much aware of the court's judgement which declared them as the rightful owners of the land but the appellants still went ahead to take over the land.
According to them, the appellants were currently building a wall round his clients’ property and that prompted the applicants to file a motion of contempt against the contemnors.
Meanwhile, an Accra based legal practitioner, Mr Bright Akwetey, has said the manner in which the Appeal Court was quickly constituted to sit and grant bail "looks funny and fishy".
He said even in a stay of execution, the process was for the lawyer of the defendant to serve it on the lawyer of the other party, that is, the plaintiff.
He said subsequent to that, the lawyer of the plaintiff would then file an opposition to that, and that, according to Mr. Akwetey could take a few days and not a day, for the documents to be considered before the court is constituted to take a decision on granting bail.
He said the way in which bail was granted was suggestive of how the legal system was being manipulated by "big people".
"This shows that big people are not amenable to justice," he said
Story: Mabel Aku Baneseh
THE Court of Appeal yesterday saved the necks of the Managing Director of Trasacco Company Limited, Mr. Ian David Morris, and nine others who were jailed for 45 days by an Accra High Court for contempt of court.
The contemnors who had earlier in the day worn distressed faces at the lower court were, within less than eight hours smiling out of the Court of Appeal.
They left the court premises around 5.30 p.m. with smiles after the court had granted an application for bail filed on their behalf by their lawyers.
Morris had been convicted alongside two of his directors, Cinzia Ines Taricone and Ernesto Taricone.
The other appellants were Alhaji Mohammed, CEO of Magnum Force Security Company, Adwoa Omari, Managing Director of Empire Builders Limited, Winifred Kumodzie, surveyor of Empire Builders Limited and Trasacco Company Limited, George Akakpo, Head of Security, Empire Builders Limited and Trasacco Company Limited.
Trasacco Company Limited, Empire Builders Limited and Mangnum Force Security Company Limited were convicted as entities by the court which found them guilty for trespassing on the lands of residents and developers of Nmai-Dzorn, a suburb of Accra.
The 10 had on November 5, 2007 escaped jail after they were convicted for flouting the orders of a competent court of law by trespassing on the property of Nmai Dzorn residents association when their counsel's application for bail was granted.
However, at the court’s sitting in Accra yesterday, all odds turned against them when the court refused to grant them bail pending the outcome of an appeal against their conviction.
In less than four hours after their conviction, lawyers for the appellants namely, Mr. Ayikoi Otoo, Mr. Kofi Peasah-Boadu and Mr. David Kudzoadji filed an application for bail pending the outcome of the appeal against their clients’ conviction.
Their case was instantly listed before a panel of judges and heard.
The court, presided over by Mrs. Justice Henrietta Abban with Mr. Justice Samuel Marful-Sau and Ms. Mariama Owusu as panel members heard the ex-parte motion for bail filed on behalf of the appellants by their lawyers.
Counsel for the appellants argued that the lower court had no jurisdiction to hear the contempt case because there was no formal transfer of the case which was then at the Tema High Court to Accra by the Chief Justice as was required by law.
Counsel had also argued that the appellants were not parties to the suit which was filed against the Nungua Stool by the Nmai Dzorn residents association adding that the appellants bought the land from the Nungua Stool before judgement was given against the Nungua Stool in 2003.
The court after listening to the arguments of the appellants held that the counsel for the appellants had raised very salient legal issues which needed to be looked at.
It also held that the sentence against the appellants was short and if the appellants were allowed to serve their sentence, they would have completed their sentence before the appeal would be heard thereby constituting a substantial miscarriage of justice.
The court accordingly granted the appellants bail in the sum of ¢500 million each with a surety.
On November 5, 2007, the Accra High Court sentenced the MD of the estate developing company and the nine others after convicting them for contempt of court but they were not put in custody because the court granted each of them ¢500-million self-recognisance bail following a notice of appeal which was swiftly filed on behalf of the contemnors by their former counsel, Mr. Kizito Beyuo.
The High Court in 2003 gave judgement in favour of the applicants against the Nungua Traditional Council which happened to have sold the land to Trasacco Company Limited and Empire Builders Limited.
In the substantive case, the Nmai Dzorn residents association said they took a writ of possession of the land in 2003 but the appellants forcibly and brutally took over the land.
They stated that the appellants were very much aware of the court's judgement which declared them as the rightful owners of the land but the appellants still went ahead to take over the land.
According to them, the appellants were currently building a wall round his clients’ property and that prompted the applicants to file a motion of contempt against the contemnors.
Meanwhile, an Accra based legal practitioner, Mr Bright Akwetey, has said the manner in which the Appeal Court was quickly constituted to sit and grant bail "looks funny and fishy".
He said even in a stay of execution, the process was for the lawyer of the defendant to serve it on the lawyer of the other party, that is, the plaintiff.
He said subsequent to that, the lawyer of the plaintiff would then file an opposition to that, and that, according to Mr. Akwetey could take a few days and not a day, for the documents to be considered before the court is constituted to take a decision on granting bail.
He said the way in which bail was granted was suggestive of how the legal system was being manipulated by "big people".
"This shows that big people are not amenable to justice," he said
Cocaine case : Court asks counsel to file written address
November 17, 2007 (Centre Spread)
Story: Mabel Aku Baneseh
THE Accra Fast Track High on Thursday gave counsel for Detective Corporal Dwamena Yabson, one of the policemen who is standing trial with two others for allegedly aiding Sheriff Asem Dakeh to abscond with 2,280 kilogrammes of cocaine, a week to file his written address to enable the court to fix a date for judgement.
The court, presided over by Mr Justice Annin Yeboah, an Appeal Court judge sitting with additional responsibility as a High Court judge, warned that if counsel did not file the written address on behalf of Yabson by November 22, 2007, the court would move to fix a date for judgement.
Counsel for two of the accused persons, Sergeant David Nyarko and General Lance Corporal Peter Bondorin, have filed their written addresses.
The three, who have since closed their defence, were alleged to have received an unspecified amount in dollars from Dakeh and allowed him to flee.
They have each been charged with two counts of engaging in prohibited business relating to narcotic drugs and corruption by a public officer and have pleaded not guilty to both counts.
The prosecution called 10 witnesses who gave evidence against the accused persons, but the accused persons, on their part, testified and claimed innocence in the charges levelled against them.
On October 16, 2007, the Fast Track High Court ordered both the prosecution and the defence team to file their written addresses on or before November 14, 2007.
The prosecution is expected to verbally reply to the defence team's written addresses on November 22, the next adjourned date.
Story: Mabel Aku Baneseh
THE Accra Fast Track High on Thursday gave counsel for Detective Corporal Dwamena Yabson, one of the policemen who is standing trial with two others for allegedly aiding Sheriff Asem Dakeh to abscond with 2,280 kilogrammes of cocaine, a week to file his written address to enable the court to fix a date for judgement.
The court, presided over by Mr Justice Annin Yeboah, an Appeal Court judge sitting with additional responsibility as a High Court judge, warned that if counsel did not file the written address on behalf of Yabson by November 22, 2007, the court would move to fix a date for judgement.
Counsel for two of the accused persons, Sergeant David Nyarko and General Lance Corporal Peter Bondorin, have filed their written addresses.
The three, who have since closed their defence, were alleged to have received an unspecified amount in dollars from Dakeh and allowed him to flee.
They have each been charged with two counts of engaging in prohibited business relating to narcotic drugs and corruption by a public officer and have pleaded not guilty to both counts.
The prosecution called 10 witnesses who gave evidence against the accused persons, but the accused persons, on their part, testified and claimed innocence in the charges levelled against them.
On October 16, 2007, the Fast Track High Court ordered both the prosecution and the defence team to file their written addresses on or before November 14, 2007.
The prosecution is expected to verbally reply to the defence team's written addresses on November 22, the next adjourned date.
Cocaine - Vessel Owner's father signed contract
November 17, 2007 (Page 3)
Story: Mabel Aku Baneseh
A TEMA-BASED lawyer yesterday told the Accra Fast Track High Court that he was present when the father of the owner of the MV Benjamin vessel and another person signed an agreement with Sheriff Asem Dakeh, one of the suspects in the case, now on the run.
The MV Benjamin vessel was allegedly used to cart 77 parcels of cocaine, which later disappeared.
Mr Emmanuel Francis Owuoh, the lawyer, said one Dawson, the father of Joseph Kojo Dawson, owner of the vessel, signed the charter and sale agreement with Sheriff and a Mr Bae in his office in Tema on February 6, 2006.
According to the witness, he could not influence the change of wording of the agreement, although it contained some discrepancies.
He explained that he could not influence the agreement because the parties had agreed to let go any discrepancies since Mr Bae said he was on his way to the airport to catch a flight.
For instance, although the heading of the charter and sale agreement for the vessel was stated to mean the agreement was between Dawson and the others, Dawson’s father signed instead of Dawson himself.
Another anomaly detected was that Sheriff used the name of Evans Chawetey, his brother, in signing the agreement, although the agreement was between him (Sheriff) and the others.
Kojo Dawson is being tried alongside Isaac Arhin and Philip Bruce Arhin, both Ghanaians, as well as Cui Xian Li and Luo Yin Xing, both Chinese, for allegedly playing various roles in the importation of the cocaine.
They have been charged with various counts of using property for narcotic offences, engaging in prohibited business relating to narcotics and possession of narcotic drugs without lawful authority.
Each of them has pleaded not guilty to all the charges and has been remanded in prison custody.
Answering questions under cross-examination, Mr Owuoh explained that he pulled out a piece of paper to draft the charter and sale agreement when the parties arrived in his office but he was informed that the agreement had already been drafted.
According to him, he then read it and realised the anomalies and subsequently advised his clients, who happened to be Dawson and his father, to allow him to re-draft the document but he was informed that Mr Bae would be late in catching a flight if the agreement was re-drafted.
He said he then gave up and allowed the parties to use his desk to sign the agreement while he stood by.
Asked how he got to know the Dawsons, the witness said sometime in 2005, the senior Dawson approached him and said he (senior Dawson) would like him (Mr Owuoh) to be Dashment Company’s legal counsel to which he agreed.
He said he was on a retainer for a monthly fee of ¢1 million for only three months because senior Dawson later explained that the company was having financial problems that would not allow it to continue paying him ¢1 million every month.
Earlier in his evidence-in-chief, the witness informed the court that he allowed senior Dawson to sign the charter and sale agreement because Dawson explained that his father signed the hire purchase agreement for the vessel.
He also informed the court that he was made to understand that Sheriff was to use the vessel to tow a distressed vessel at Guinea.
The witness has since completed giving his evidence and has been discharged by the court.
Hearing continues on November 21, 2007.
On Tuesday, October 16, 2007, the court ordered Dawson and the four others to open their defence and answer charges levelled against them.
Giving its ruling in a submission of ‘no case’ by counsel for the accused persons, the court held that the prosecution had succeeded in proving a prima facie case against the accused persons.
However, a sixth accused person, Pak Bok Sil, a Korean national, was acquitted and discharged by the court, which ruled that the prosecution failed to prove a case against him.
Story: Mabel Aku Baneseh
A TEMA-BASED lawyer yesterday told the Accra Fast Track High Court that he was present when the father of the owner of the MV Benjamin vessel and another person signed an agreement with Sheriff Asem Dakeh, one of the suspects in the case, now on the run.
The MV Benjamin vessel was allegedly used to cart 77 parcels of cocaine, which later disappeared.
Mr Emmanuel Francis Owuoh, the lawyer, said one Dawson, the father of Joseph Kojo Dawson, owner of the vessel, signed the charter and sale agreement with Sheriff and a Mr Bae in his office in Tema on February 6, 2006.
According to the witness, he could not influence the change of wording of the agreement, although it contained some discrepancies.
He explained that he could not influence the agreement because the parties had agreed to let go any discrepancies since Mr Bae said he was on his way to the airport to catch a flight.
For instance, although the heading of the charter and sale agreement for the vessel was stated to mean the agreement was between Dawson and the others, Dawson’s father signed instead of Dawson himself.
Another anomaly detected was that Sheriff used the name of Evans Chawetey, his brother, in signing the agreement, although the agreement was between him (Sheriff) and the others.
Kojo Dawson is being tried alongside Isaac Arhin and Philip Bruce Arhin, both Ghanaians, as well as Cui Xian Li and Luo Yin Xing, both Chinese, for allegedly playing various roles in the importation of the cocaine.
They have been charged with various counts of using property for narcotic offences, engaging in prohibited business relating to narcotics and possession of narcotic drugs without lawful authority.
Each of them has pleaded not guilty to all the charges and has been remanded in prison custody.
Answering questions under cross-examination, Mr Owuoh explained that he pulled out a piece of paper to draft the charter and sale agreement when the parties arrived in his office but he was informed that the agreement had already been drafted.
According to him, he then read it and realised the anomalies and subsequently advised his clients, who happened to be Dawson and his father, to allow him to re-draft the document but he was informed that Mr Bae would be late in catching a flight if the agreement was re-drafted.
He said he then gave up and allowed the parties to use his desk to sign the agreement while he stood by.
Asked how he got to know the Dawsons, the witness said sometime in 2005, the senior Dawson approached him and said he (senior Dawson) would like him (Mr Owuoh) to be Dashment Company’s legal counsel to which he agreed.
He said he was on a retainer for a monthly fee of ¢1 million for only three months because senior Dawson later explained that the company was having financial problems that would not allow it to continue paying him ¢1 million every month.
Earlier in his evidence-in-chief, the witness informed the court that he allowed senior Dawson to sign the charter and sale agreement because Dawson explained that his father signed the hire purchase agreement for the vessel.
He also informed the court that he was made to understand that Sheriff was to use the vessel to tow a distressed vessel at Guinea.
The witness has since completed giving his evidence and has been discharged by the court.
Hearing continues on November 21, 2007.
On Tuesday, October 16, 2007, the court ordered Dawson and the four others to open their defence and answer charges levelled against them.
Giving its ruling in a submission of ‘no case’ by counsel for the accused persons, the court held that the prosecution had succeeded in proving a prima facie case against the accused persons.
However, a sixth accused person, Pak Bok Sil, a Korean national, was acquitted and discharged by the court, which ruled that the prosecution failed to prove a case against him.
Cocaine - Vessel Owner's father signed contract
November 17, 2007 (Page 3)
Story: Mabel Aku Baneseh
A TEMA-BASED lawyer yesterday told the Accra Fast Track High Court that he was present when the father of the owner of the MV Benjamin vessel and another person signed an agreement with Sheriff Asem Dakeh, one of the suspects in the case, now on the run.
The MV Benjamin vessel was allegedly used to cart 77 parcels of cocaine, which later disappeared.
Mr Emmanuel Francis Owuoh, the lawyer, said one Dawson, the father of Joseph Kojo Dawson, owner of the vessel, signed the charter and sale agreement with Sheriff and a Mr Bae in his office in Tema on February 6, 2006.
According to the witness, he could not influence the change of wording of the agreement, although it contained some discrepancies.
He explained that he could not influence the agreement because the parties had agreed to let go any discrepancies since Mr Bae said he was on his way to the airport to catch a flight.
For instance, although the heading of the charter and sale agreement for the vessel was stated to mean the agreement was between Dawson and the others, Dawson’s father signed instead of Dawson himself.
Another anomaly detected was that Sheriff used the name of Evans Chawetey, his brother, in signing the agreement, although the agreement was between him (Sheriff) and the others.
Kojo Dawson is being tried alongside Isaac Arhin and Philip Bruce Arhin, both Ghanaians, as well as Cui Xian Li and Luo Yin Xing, both Chinese, for allegedly playing various roles in the importation of the cocaine.
They have been charged with various counts of using property for narcotic offences, engaging in prohibited business relating to narcotics and possession of narcotic drugs without lawful authority.
Each of them has pleaded not guilty to all the charges and has been remanded in prison custody.
Answering questions under cross-examination, Mr Owuoh explained that he pulled out a piece of paper to draft the charter and sale agreement when the parties arrived in his office but he was informed that the agreement had already been drafted.
According to him, he then read it and realised the anomalies and subsequently advised his clients, who happened to be Dawson and his father, to allow him to re-draft the document but he was informed that Mr Bae would be late in catching a flight if the agreement was re-drafted.
He said he then gave up and allowed the parties to use his desk to sign the agreement while he stood by.
Asked how he got to know the Dawsons, the witness said sometime in 2005, the senior Dawson approached him and said he (senior Dawson) would like him (Mr Owuoh) to be Dashment Company’s legal counsel to which he agreed.
He said he was on a retainer for a monthly fee of ¢1 million for only three months because senior Dawson later explained that the company was having financial problems that would not allow it to continue paying him ¢1 million every month.
Earlier in his evidence-in-chief, the witness informed the court that he allowed senior Dawson to sign the charter and sale agreement because Dawson explained that his father signed the hire purchase agreement for the vessel.
He also informed the court that he was made to understand that Sheriff was to use the vessel to tow a distressed vessel at Guinea.
The witness has since completed giving his evidence and has been discharged by the court.
Hearing continues on November 21, 2007.
On Tuesday, October 16, 2007, the court ordered Dawson and the four others to open their defence and answer charges levelled against them.
Giving its ruling in a submission of ‘no case’ by counsel for the accused persons, the court held that the prosecution had succeeded in proving a prima facie case against the accused persons.
However, a sixth accused person, Pak Bok Sil, a Korean national, was acquitted and discharged by the court, which ruled that the prosecution failed to prove a case against him.
Story: Mabel Aku Baneseh
A TEMA-BASED lawyer yesterday told the Accra Fast Track High Court that he was present when the father of the owner of the MV Benjamin vessel and another person signed an agreement with Sheriff Asem Dakeh, one of the suspects in the case, now on the run.
The MV Benjamin vessel was allegedly used to cart 77 parcels of cocaine, which later disappeared.
Mr Emmanuel Francis Owuoh, the lawyer, said one Dawson, the father of Joseph Kojo Dawson, owner of the vessel, signed the charter and sale agreement with Sheriff and a Mr Bae in his office in Tema on February 6, 2006.
According to the witness, he could not influence the change of wording of the agreement, although it contained some discrepancies.
He explained that he could not influence the agreement because the parties had agreed to let go any discrepancies since Mr Bae said he was on his way to the airport to catch a flight.
For instance, although the heading of the charter and sale agreement for the vessel was stated to mean the agreement was between Dawson and the others, Dawson’s father signed instead of Dawson himself.
Another anomaly detected was that Sheriff used the name of Evans Chawetey, his brother, in signing the agreement, although the agreement was between him (Sheriff) and the others.
Kojo Dawson is being tried alongside Isaac Arhin and Philip Bruce Arhin, both Ghanaians, as well as Cui Xian Li and Luo Yin Xing, both Chinese, for allegedly playing various roles in the importation of the cocaine.
They have been charged with various counts of using property for narcotic offences, engaging in prohibited business relating to narcotics and possession of narcotic drugs without lawful authority.
Each of them has pleaded not guilty to all the charges and has been remanded in prison custody.
Answering questions under cross-examination, Mr Owuoh explained that he pulled out a piece of paper to draft the charter and sale agreement when the parties arrived in his office but he was informed that the agreement had already been drafted.
According to him, he then read it and realised the anomalies and subsequently advised his clients, who happened to be Dawson and his father, to allow him to re-draft the document but he was informed that Mr Bae would be late in catching a flight if the agreement was re-drafted.
He said he then gave up and allowed the parties to use his desk to sign the agreement while he stood by.
Asked how he got to know the Dawsons, the witness said sometime in 2005, the senior Dawson approached him and said he (senior Dawson) would like him (Mr Owuoh) to be Dashment Company’s legal counsel to which he agreed.
He said he was on a retainer for a monthly fee of ¢1 million for only three months because senior Dawson later explained that the company was having financial problems that would not allow it to continue paying him ¢1 million every month.
Earlier in his evidence-in-chief, the witness informed the court that he allowed senior Dawson to sign the charter and sale agreement because Dawson explained that his father signed the hire purchase agreement for the vessel.
He also informed the court that he was made to understand that Sheriff was to use the vessel to tow a distressed vessel at Guinea.
The witness has since completed giving his evidence and has been discharged by the court.
Hearing continues on November 21, 2007.
On Tuesday, October 16, 2007, the court ordered Dawson and the four others to open their defence and answer charges levelled against them.
Giving its ruling in a submission of ‘no case’ by counsel for the accused persons, the court held that the prosecution had succeeded in proving a prima facie case against the accused persons.
However, a sixth accused person, Pak Bok Sil, a Korean national, was acquitted and discharged by the court, which ruled that the prosecution failed to prove a case against him.
Accident involving President's car - court remands driver
November 17, 2007 (Front Page)
Story: Mabel Aku Baneseh
THE 51-year-old man at the centre of President J. A. Kufuor’s car crash last Wednesday was yesterday remanded in custody by the Accra District Magistrate Court.
Thomas Osei, whose saloon car ran into the President’s car, was charged with four counts of dangerous driving, negligently causing harm, driving under the influence of alcohol and failing to give way to a Presidential convoy.
His plea was not taken and he was remanded by the court, popularly known as the “Motor Court”, to appear again on November 30, 2007.
Osei, who had a bandage on his left eyebrow, was whisked away in a waiting police vehicle immediately after the court hearing.
Prosecuting, Chief Inspector Dora Seiwaah prayed the court to remand the accused person because investigations were ongoing.
Osei did not have legal representation.
The facts of the case are that around 11.30 a.m. on November 14, 2007, Osei was spotted driving a Mercedes Benz SE 500 saloon car in the inner lane along the Liberation Link from the direction of Aviance towards the 37 Military Hospital.
On arriving at a spot a few metres from the Opeibea House traffic lights, the accused person ignored the siren of the Presidential convoy and drove straight into the rear side of the President’s vehicle.
The President’s car, which was in the middle lane, was by then being driven by Mr Osafo Addo from the direction of the Tetteh Quarshie Interchange towards the Castle, Osu, along the Liberation Road.
The prosecutor said the impact of the crash forced the President’s vehicle to turn around, hit a light pole and in the process fell on its right side and landed on a VW Golf saloon car
All the vehicles involved in the accident got damaged, while the drivers sustained various degrees of injury and were rushed to the 37 Military Hospital for treatment.
Mr Addo and the driver of the VW saloon car were treated and discharged, while Osei was admitted for treatment.
The President, however, escaped unhurt.
The police say initial investigations revealed that Osei was driving under the influence of alcohol.
Story: Mabel Aku Baneseh
THE 51-year-old man at the centre of President J. A. Kufuor’s car crash last Wednesday was yesterday remanded in custody by the Accra District Magistrate Court.
Thomas Osei, whose saloon car ran into the President’s car, was charged with four counts of dangerous driving, negligently causing harm, driving under the influence of alcohol and failing to give way to a Presidential convoy.
His plea was not taken and he was remanded by the court, popularly known as the “Motor Court”, to appear again on November 30, 2007.
Osei, who had a bandage on his left eyebrow, was whisked away in a waiting police vehicle immediately after the court hearing.
Prosecuting, Chief Inspector Dora Seiwaah prayed the court to remand the accused person because investigations were ongoing.
Osei did not have legal representation.
The facts of the case are that around 11.30 a.m. on November 14, 2007, Osei was spotted driving a Mercedes Benz SE 500 saloon car in the inner lane along the Liberation Link from the direction of Aviance towards the 37 Military Hospital.
On arriving at a spot a few metres from the Opeibea House traffic lights, the accused person ignored the siren of the Presidential convoy and drove straight into the rear side of the President’s vehicle.
The President’s car, which was in the middle lane, was by then being driven by Mr Osafo Addo from the direction of the Tetteh Quarshie Interchange towards the Castle, Osu, along the Liberation Road.
The prosecutor said the impact of the crash forced the President’s vehicle to turn around, hit a light pole and in the process fell on its right side and landed on a VW Golf saloon car
All the vehicles involved in the accident got damaged, while the drivers sustained various degrees of injury and were rushed to the 37 Military Hospital for treatment.
Mr Addo and the driver of the VW saloon car were treated and discharged, while Osei was admitted for treatment.
The President, however, escaped unhurt.
The police say initial investigations revealed that Osei was driving under the influence of alcohol.
Chief Justice meets Italian Ambassador
November 16, 2007 (Page 31)
Story: Mabel Aku Baneseh
THE Italian Ambassador in Ghana, Fibrizio de Agostini, has advocated the abolition of the death penalty in all countries across the world.
According to him, the death penalty was not a solution to murder, so Italy was currently spearheading a debate at the United Nations on its abolition of the death penalty.
Consequently, he said Italy was asking for a moratorium from individual countries, pending the outcome of the debate.
Mr Agostini made these remarks when he called on the Chief Justice, Mrs Justice Georgina T. Wood, at her office in Accra yesterday to seek more ideas on the subject.
He conceded that the issue of the abolition of the death penalty was controversial but it was a matter which needed to be tackled now.
Mr Agostini congratulated Mrs Justice Wood on her appointment as the first female Chief Justice of Ghana and accordingly extended an invitation to her to visit Italy to study its court system.
Mrs Justice Wood said although the death penalty was in the country's statute books, it had not been implemented for a long time now.
She called for an intensive debate on the matter, as well as the need to study the trend in the international community.
The Chief Justice urged the Italian government to assist the Judicial Service to establish a court at Tema, which is an industrial hub, to handle the increasing number of cases.
She said there was the need for the establishment of more automated courts in order to preserve evidence.
Story: Mabel Aku Baneseh
THE Italian Ambassador in Ghana, Fibrizio de Agostini, has advocated the abolition of the death penalty in all countries across the world.
According to him, the death penalty was not a solution to murder, so Italy was currently spearheading a debate at the United Nations on its abolition of the death penalty.
Consequently, he said Italy was asking for a moratorium from individual countries, pending the outcome of the debate.
Mr Agostini made these remarks when he called on the Chief Justice, Mrs Justice Georgina T. Wood, at her office in Accra yesterday to seek more ideas on the subject.
He conceded that the issue of the abolition of the death penalty was controversial but it was a matter which needed to be tackled now.
Mr Agostini congratulated Mrs Justice Wood on her appointment as the first female Chief Justice of Ghana and accordingly extended an invitation to her to visit Italy to study its court system.
Mrs Justice Wood said although the death penalty was in the country's statute books, it had not been implemented for a long time now.
She called for an intensive debate on the matter, as well as the need to study the trend in the international community.
The Chief Justice urged the Italian government to assist the Judicial Service to establish a court at Tema, which is an industrial hub, to handle the increasing number of cases.
She said there was the need for the establishment of more automated courts in order to preserve evidence.
Court sets out issues for trial
November 16, 2007 (Page 31)
Story: Mabel Aku Baneseh
THE Accra Fast Track High Court has set aside three issues for trial in a suit brought against the 31st December Women's Movement (DWM) by a businessman for recovery of his property after it ruled on preliminary issues raised by counsel for both parties.
The businessman, Mr Wassef Sadallah Dakmak, has sued the DWM to reclaim his building at North Ridge, which was confiscated to the state under AFRC Decree 6 in 1979 and is currently being occupied by the DWM.
However, the defendant has prayed the court to dismiss the action because it acted in accordance with AFRC Decree 6, adding that there was nothing on record to prove that the confiscated property belonged to the plaintiff.
The court, presided over by Mr Justice K. A. Ofori-Atta, set out the three issues for trial after counsel for the defendant and the plaintiff had argued their cases.
Counsel for the defendant, Mr Tony Lithur, had argued that the action brought by the plaintiff was baseless because the plaintiff's property was confiscated under AFRC Decree 6 but counsel for the plaintiff, Mr Thaddeus Sory, had argued that the property had been deconfiscated under PNDC Law 325.
In its ruling on the preliminary issues raised by counsels for the parties, the court held that after looking at the AFRC Decree 6, it was evident that the property had been confiscated by the State but was quick to point out that it had taken into consideration plaintiff’s argument that the property was later deconfiscated.
It, therefore, urged the plaintiff to state how and when his property was deconfiscated.
Consequently, the court, after careful consideration of the arguments from both parties, will look at whether or not plaintiff’s property was confiscated under AFRC Decree 6, whether or not the said property was deconfiscated by PNDC Law 325 and whether or not in view of transitional provisions of the 1992 Constitution, the plaintiff can bring the action to recover his property.
The matter was adjourned to Wednesday, January 23, 2008 for hearing.
The plaintiff is praying the court to declare the defendant’s occupation of his property as unlawful.
He is also praying the court to order the immediate recovery of property from the defendant, as well as grant loss of revenue by way of rent which would have accrued to the plaintiff if he had rented the property from August 3, 1979 to the day of final judgement.
The plaintiff is also asking for interest at any sum assessed to be due him at the prevailing bank rate or as the court may deem fit from August 3, 1979 to the day of final judgement.
The defendant has, however, denied all the plaintiff’s assertions and stated that it acted in accordance with the law.
Story: Mabel Aku Baneseh
THE Accra Fast Track High Court has set aside three issues for trial in a suit brought against the 31st December Women's Movement (DWM) by a businessman for recovery of his property after it ruled on preliminary issues raised by counsel for both parties.
The businessman, Mr Wassef Sadallah Dakmak, has sued the DWM to reclaim his building at North Ridge, which was confiscated to the state under AFRC Decree 6 in 1979 and is currently being occupied by the DWM.
However, the defendant has prayed the court to dismiss the action because it acted in accordance with AFRC Decree 6, adding that there was nothing on record to prove that the confiscated property belonged to the plaintiff.
The court, presided over by Mr Justice K. A. Ofori-Atta, set out the three issues for trial after counsel for the defendant and the plaintiff had argued their cases.
Counsel for the defendant, Mr Tony Lithur, had argued that the action brought by the plaintiff was baseless because the plaintiff's property was confiscated under AFRC Decree 6 but counsel for the plaintiff, Mr Thaddeus Sory, had argued that the property had been deconfiscated under PNDC Law 325.
In its ruling on the preliminary issues raised by counsels for the parties, the court held that after looking at the AFRC Decree 6, it was evident that the property had been confiscated by the State but was quick to point out that it had taken into consideration plaintiff’s argument that the property was later deconfiscated.
It, therefore, urged the plaintiff to state how and when his property was deconfiscated.
Consequently, the court, after careful consideration of the arguments from both parties, will look at whether or not plaintiff’s property was confiscated under AFRC Decree 6, whether or not the said property was deconfiscated by PNDC Law 325 and whether or not in view of transitional provisions of the 1992 Constitution, the plaintiff can bring the action to recover his property.
The matter was adjourned to Wednesday, January 23, 2008 for hearing.
The plaintiff is praying the court to declare the defendant’s occupation of his property as unlawful.
He is also praying the court to order the immediate recovery of property from the defendant, as well as grant loss of revenue by way of rent which would have accrued to the plaintiff if he had rented the property from August 3, 1979 to the day of final judgement.
The plaintiff is also asking for interest at any sum assessed to be due him at the prevailing bank rate or as the court may deem fit from August 3, 1979 to the day of final judgement.
The defendant has, however, denied all the plaintiff’s assertions and stated that it acted in accordance with the law.
Cocaine : 3 Venezuelans jailed 70 yrs
November 14, 2007 (Front Page)
Story: Mabel Aku Baneseh
THREE Venezuelans were yesterday sentenced to a total of 70 years imprisonment with hard labour by the Accra Fast Track High Court for importing 588 kilogrammes of cocaine into the country.
Two of the convicts, Joel Meija Duarte Moises, a machine operator, and Italio Gervasio Rosero, alias Italio Cabeza Castillo, a businessman, were sentenced to 25 years and 20 years imprisonment respectively, after nine prosecution witnesses had given evidence against them.
The third convict, Vasquez Gerado Duarte David, alias Bude or Shamo, was, however, sentenced in absentia because he has been on the run ever since Moises and Castillo were arrested at East Legon in Accra on November 24, 2005.
Moises and Castillo are to serve their sentences with effect from November 24, 2005, the day of their arrest.
The court, which took into account the quantity of cocaine seized before passing judgement, said the activities of cocaine dealers were unacceptable because they were tarnishing the image of the country.
The trial judge, Mr Justice E. K. Ayebi, described the defence put up by the convicts as “contradictory and full of lies” and further held that the prosecution had proven its case beyond reasonable doubt.
He, accordingly, found them guilty on the counts of conspiracy to commit crime, importing 588 kilogrammes of narcotic drugs without lawful authority and possessing narcotic drugs without lawful authority.
The court ordered that the convicts be repatriated immediately they completed serving their sentences.
It also ordered that exhibits which were used in processing cocaine and which were found in Moises’ room should be destroyed, while the cell phones of the convicts be confiscated to the state.
The court also ordered an investigation into how Castillo managed to lay hands on his passport while in custody when he (Castillo) had, from the beginning of the trial, refused to state the whereabouts of his passport.
Castillo bowed his head in shock when the sentence was read out to him by a Spanish interpreter, while Moises looked straight, trying to conceal his emotions.
Citing authorities to buttress the court’s decision, Mr Justice Ayebi held that it was not unusual for the prosecution to use circumstantial evidence to prove a charge of conspiracy against an accused person.
The court further held that the totality of the evidence adduced in court proved that Moises “jealously guarded the cocaine. I find the denial of the accused person unacceptable because the key to the room where the cocaine was kept was found in Moises’ bedside locker”.
“The accused (Moises) had physical control and access to the drug and thereby instructed the police not to mix the wet cocaine with the dry one when they went to effect his arrest,” the trial judge maintained.
Mr Justice Ayebi described Moises as “untruthful” because it later emerged that Moises was not a guest at East Legon as he (Moises) had earlier stated.
Additionally, it also emerged that “Immigration records available indicated that Moises had been in the country seven times, contrary to his claims that he had been in the country only once”.
It said Moises had also informed the police that he had come to Ghana to buy gold but told the court on oath that he had come to the country to buy diamonds.
The court further held that it was also not defensible for Moises to claim to have come to the country to purchase gold or diamonds because he (Moises) had informed the court that Vasquez had seized his $15,000 and his passport immediately he arrived in the country.
Turning to Castillo, the judge said he lacked credibility because although he had earlier claimed that he did not know Moises, he later informed the court on oath that Moises lived 10 kilometres from his (Castillo’s) house in Venezuela.
The court said it was untrue for Castillo to claim to be staying in a hotel in Achimota because he (Castillo) could not take the police to the said hotel when he was arrested upon entering the East Legon apartment where the cocaine was found.
It said it also emerged that Vasquez’s number was found on Castillo’s cellular phone, although Castillo had claimed that he did not know Vasquez.
Based on incriminating evidence led by the prosecution, the court concluded that the three had arrived in the country to deal in cocaine and convicted them accordingly.
Counsel for the convicts, Mr Kwabla Senanu, had earlier prayed the court to temper justice with mercy, as well as take into account the number of years the convicts had spent on remand.
According to him, Castillo was a father of four, whose wife had threatened to divorce him because of the cocaine trial, while Moises was also a father with young children.
Replying, the acting Director of Public Prosecutions, Ms Gertrude Aikins, prayed the court to consider the ill behaviour of the accused persons before passing judgement.
Story: Mabel Aku Baneseh
THREE Venezuelans were yesterday sentenced to a total of 70 years imprisonment with hard labour by the Accra Fast Track High Court for importing 588 kilogrammes of cocaine into the country.
Two of the convicts, Joel Meija Duarte Moises, a machine operator, and Italio Gervasio Rosero, alias Italio Cabeza Castillo, a businessman, were sentenced to 25 years and 20 years imprisonment respectively, after nine prosecution witnesses had given evidence against them.
The third convict, Vasquez Gerado Duarte David, alias Bude or Shamo, was, however, sentenced in absentia because he has been on the run ever since Moises and Castillo were arrested at East Legon in Accra on November 24, 2005.
Moises and Castillo are to serve their sentences with effect from November 24, 2005, the day of their arrest.
The court, which took into account the quantity of cocaine seized before passing judgement, said the activities of cocaine dealers were unacceptable because they were tarnishing the image of the country.
The trial judge, Mr Justice E. K. Ayebi, described the defence put up by the convicts as “contradictory and full of lies” and further held that the prosecution had proven its case beyond reasonable doubt.
He, accordingly, found them guilty on the counts of conspiracy to commit crime, importing 588 kilogrammes of narcotic drugs without lawful authority and possessing narcotic drugs without lawful authority.
The court ordered that the convicts be repatriated immediately they completed serving their sentences.
It also ordered that exhibits which were used in processing cocaine and which were found in Moises’ room should be destroyed, while the cell phones of the convicts be confiscated to the state.
The court also ordered an investigation into how Castillo managed to lay hands on his passport while in custody when he (Castillo) had, from the beginning of the trial, refused to state the whereabouts of his passport.
Castillo bowed his head in shock when the sentence was read out to him by a Spanish interpreter, while Moises looked straight, trying to conceal his emotions.
Citing authorities to buttress the court’s decision, Mr Justice Ayebi held that it was not unusual for the prosecution to use circumstantial evidence to prove a charge of conspiracy against an accused person.
The court further held that the totality of the evidence adduced in court proved that Moises “jealously guarded the cocaine. I find the denial of the accused person unacceptable because the key to the room where the cocaine was kept was found in Moises’ bedside locker”.
“The accused (Moises) had physical control and access to the drug and thereby instructed the police not to mix the wet cocaine with the dry one when they went to effect his arrest,” the trial judge maintained.
Mr Justice Ayebi described Moises as “untruthful” because it later emerged that Moises was not a guest at East Legon as he (Moises) had earlier stated.
Additionally, it also emerged that “Immigration records available indicated that Moises had been in the country seven times, contrary to his claims that he had been in the country only once”.
It said Moises had also informed the police that he had come to Ghana to buy gold but told the court on oath that he had come to the country to buy diamonds.
The court further held that it was also not defensible for Moises to claim to have come to the country to purchase gold or diamonds because he (Moises) had informed the court that Vasquez had seized his $15,000 and his passport immediately he arrived in the country.
Turning to Castillo, the judge said he lacked credibility because although he had earlier claimed that he did not know Moises, he later informed the court on oath that Moises lived 10 kilometres from his (Castillo’s) house in Venezuela.
The court said it was untrue for Castillo to claim to be staying in a hotel in Achimota because he (Castillo) could not take the police to the said hotel when he was arrested upon entering the East Legon apartment where the cocaine was found.
It said it also emerged that Vasquez’s number was found on Castillo’s cellular phone, although Castillo had claimed that he did not know Vasquez.
Based on incriminating evidence led by the prosecution, the court concluded that the three had arrived in the country to deal in cocaine and convicted them accordingly.
Counsel for the convicts, Mr Kwabla Senanu, had earlier prayed the court to temper justice with mercy, as well as take into account the number of years the convicts had spent on remand.
According to him, Castillo was a father of four, whose wife had threatened to divorce him because of the cocaine trial, while Moises was also a father with young children.
Replying, the acting Director of Public Prosecutions, Ms Gertrude Aikins, prayed the court to consider the ill behaviour of the accused persons before passing judgement.
Case of alleged abuse by 57-year-old Briton - Court hears 3-year-old's evidence in camera
November 13, 2007
Story: Mabel Aku Baneseh
THE evidence of the three-year-old girl who was alleged to have been indecently assaulted by a 57-year-old British national has been taken in camera at the Accra Circuit Court.
The evidence of the girl (name withheld) was taken at the judge's chamber according to law in order to protect her identity .
Thomas Alan Tichler, a consultant, who was alleged to have inserted his fingers into the victim’s private parts, resulting in the girl bleeding, has pleaded not guilty to the charges of causing harm and indecent assault.
He was alleged to have committed the offence at the residence of the victim on October 13, 2007 barely a week after he had arrived in the country for a three-month attachment.
The evidence of other prosecution and defence witnesses would be heard in open court once the evidence of the girl had been taken.
At the court's sitting in Accra yesterday, a State Attorney, Ms Barbara Sackey, prayed the court to hear the case in camera because the victim was a minor.
However, counsel for the accused person, Mr Ellis Owusu Fordjour, said apart from the need for the victim to testify in camera, he did not see the justification for the evidence of other people being heard in camera.
He said the case had received bad publicity and it was, therefore, only fair that the public was made aware of the other side of the story.
Ms Sackey then agreed that the other witnesses in the case should be made to testify in open court.
The court, on November 2, 2007, grant bail to the accused person.
It also refused an application to order the police to hand over the passport of Tichler, which contained security features, to the British High Commission for safekeeping.
The facts of the case are that Tichler visited the victim’s father at North Legon, near Redco Flats, on October 13, 2007 and on reaching there, the victim’s father left the victim and her two siblings in the care of Tichler in order to purchase some items from town.
Tichler engaged the victim and her two siblings, aged eight and six, at the sitting room but later managed to engage the victim alone and succeeded in inserting his fingers into her private parts.
Not quiet long after the incident, the victim’s mother arrived from town and just as she entered the kitchen, Tichler followed her and requested for water to wash his hands.
Later, the victim went to her mother and said she wanted to urinate and while helping her, the mother noticed that the victim’s panties had blood stains in them.
The victim mentioned the accused person as the one who inserted his fingers into her vagina when she was questioned by her mother.
Tichler was arrested and handed over to the Legon police.
The victim was later taken to hospital where she was examined, treated and discharged.
Story: Mabel Aku Baneseh
THE evidence of the three-year-old girl who was alleged to have been indecently assaulted by a 57-year-old British national has been taken in camera at the Accra Circuit Court.
The evidence of the girl (name withheld) was taken at the judge's chamber according to law in order to protect her identity .
Thomas Alan Tichler, a consultant, who was alleged to have inserted his fingers into the victim’s private parts, resulting in the girl bleeding, has pleaded not guilty to the charges of causing harm and indecent assault.
He was alleged to have committed the offence at the residence of the victim on October 13, 2007 barely a week after he had arrived in the country for a three-month attachment.
The evidence of other prosecution and defence witnesses would be heard in open court once the evidence of the girl had been taken.
At the court's sitting in Accra yesterday, a State Attorney, Ms Barbara Sackey, prayed the court to hear the case in camera because the victim was a minor.
However, counsel for the accused person, Mr Ellis Owusu Fordjour, said apart from the need for the victim to testify in camera, he did not see the justification for the evidence of other people being heard in camera.
He said the case had received bad publicity and it was, therefore, only fair that the public was made aware of the other side of the story.
Ms Sackey then agreed that the other witnesses in the case should be made to testify in open court.
The court, on November 2, 2007, grant bail to the accused person.
It also refused an application to order the police to hand over the passport of Tichler, which contained security features, to the British High Commission for safekeeping.
The facts of the case are that Tichler visited the victim’s father at North Legon, near Redco Flats, on October 13, 2007 and on reaching there, the victim’s father left the victim and her two siblings in the care of Tichler in order to purchase some items from town.
Tichler engaged the victim and her two siblings, aged eight and six, at the sitting room but later managed to engage the victim alone and succeeded in inserting his fingers into her private parts.
Not quiet long after the incident, the victim’s mother arrived from town and just as she entered the kitchen, Tichler followed her and requested for water to wash his hands.
Later, the victim went to her mother and said she wanted to urinate and while helping her, the mother noticed that the victim’s panties had blood stains in them.
The victim mentioned the accused person as the one who inserted his fingers into her vagina when she was questioned by her mother.
Tichler was arrested and handed over to the Legon police.
The victim was later taken to hospital where she was examined, treated and discharged.
Court declines to strike out case against VRA
November 9, 2007 (Page 3)
Story: Mabel Aku Baneseh
THE Fast Track High Court in Accra yesterday declined a request from counsel for the Volta River Authority (VRA) to strike out a ¢2.2 billion suit instituted against the authority by its former Chief Executive, Dr Charles Wereko-Brobby.
Dr Wereko-Brobby, who is demanding payment of ¢2.2 billion being his entitlements from the VRA, was not present in court when the matter was called.
His absence prompted counsel for the VRA, Mr F.K. Yeboah to pray the court to strike out the suit because it appeared Dr Wereko-Brobby was not interested in pursuing the writ he had instituted against the VRA.
Counsel also prayed the court to grant the VRA’s counter claim, which is requesting the court to order Dr Wereko-Brobby to return the furniture he had removed from his official residence without permission, as well as the official vehicle which he was not entitled to.
The court, however, ordered that steps should be taken to serve hearing notices on Dr Wereko-Brobby.
It, however, granted ¢1 million costs against Dr Wereko-Brobby and adjourned the matter to Monday, November 26, 2007.
Apart from the ¢2.2 billion being sought for, Dr Wereko-Brobby is asking for interest from April 2004 and also an order to be issued to the VRA to transfer to him ownership of a Volvo saloon car, with registration number GW2505 T, which was officially assigned to him when he was appointed Chief Executive of the VRA.
In his statement of claim, Dr Wereko-Brobby said he got separated from the VRA on September 17, 2003 but it took the VRA a considerable time, amid demands from him, before it eventually wrote to him on April 1, 2004 to formally notify him of the separation entitlements.
He said in that letter, cash equivalent of 43 days’ earned leave up to the time of the resignation, totalling ¢61 million, six months’ salary in the sum of ¢187 million, gratuity of five years’ salary of ¢1.8 billion, being the cedi equivalent of fuel allocation from March 31, 2004, and transfer of ownership of the saloon car which was in his possession were discussed.
The VRA, he further argued, in its letter of April 1, 2004, agreed to pay 70 per cent of the entitlements by mid April 2004 and the rest when he vacated its premises on or before the end of May the same year.
Dr Wereko-Brobby contended that because the VRA could not pay the entitlements as agreed on, he could also not vacate the premises on the agreed date.
He further averred that the delay in the payment persisted into 2005, when he decided to vacate the premises but the defendant had not honoured its obligation, adding that unless compelled by the court, he would not be paid his entitlements.
Dr Wereko-Brobby was appointed Chief Executive Officer of the VRA on August 24, 2001. He officially assumed office in September that year but resigned on September 17, 2003.
Story: Mabel Aku Baneseh
THE Fast Track High Court in Accra yesterday declined a request from counsel for the Volta River Authority (VRA) to strike out a ¢2.2 billion suit instituted against the authority by its former Chief Executive, Dr Charles Wereko-Brobby.
Dr Wereko-Brobby, who is demanding payment of ¢2.2 billion being his entitlements from the VRA, was not present in court when the matter was called.
His absence prompted counsel for the VRA, Mr F.K. Yeboah to pray the court to strike out the suit because it appeared Dr Wereko-Brobby was not interested in pursuing the writ he had instituted against the VRA.
Counsel also prayed the court to grant the VRA’s counter claim, which is requesting the court to order Dr Wereko-Brobby to return the furniture he had removed from his official residence without permission, as well as the official vehicle which he was not entitled to.
The court, however, ordered that steps should be taken to serve hearing notices on Dr Wereko-Brobby.
It, however, granted ¢1 million costs against Dr Wereko-Brobby and adjourned the matter to Monday, November 26, 2007.
Apart from the ¢2.2 billion being sought for, Dr Wereko-Brobby is asking for interest from April 2004 and also an order to be issued to the VRA to transfer to him ownership of a Volvo saloon car, with registration number GW2505 T, which was officially assigned to him when he was appointed Chief Executive of the VRA.
In his statement of claim, Dr Wereko-Brobby said he got separated from the VRA on September 17, 2003 but it took the VRA a considerable time, amid demands from him, before it eventually wrote to him on April 1, 2004 to formally notify him of the separation entitlements.
He said in that letter, cash equivalent of 43 days’ earned leave up to the time of the resignation, totalling ¢61 million, six months’ salary in the sum of ¢187 million, gratuity of five years’ salary of ¢1.8 billion, being the cedi equivalent of fuel allocation from March 31, 2004, and transfer of ownership of the saloon car which was in his possession were discussed.
The VRA, he further argued, in its letter of April 1, 2004, agreed to pay 70 per cent of the entitlements by mid April 2004 and the rest when he vacated its premises on or before the end of May the same year.
Dr Wereko-Brobby contended that because the VRA could not pay the entitlements as agreed on, he could also not vacate the premises on the agreed date.
He further averred that the delay in the payment persisted into 2005, when he decided to vacate the premises but the defendant had not honoured its obligation, adding that unless compelled by the court, he would not be paid his entitlements.
Dr Wereko-Brobby was appointed Chief Executive Officer of the VRA on August 24, 2001. He officially assumed office in September that year but resigned on September 17, 2003.
"I was not aware vessel was to cart cocaine"
November 7, 2007 (Page 3)
Story: Mabel Aku Baneseh
THE owner of the MV Benjamin vessel which was allegedly used to cart 77 parcels of cocaine, Joseph Kojo Dawson, yesterday said that he did not know his vessel was going to be used to cart cocaine.
He also denied giving the vessel out to the cocaine baron, Sheriff Asem Dakeh, alias The Limping Man, to cart the cocaine for a fee of $150,000 to be paid after the cocaine had been successfully carted.
Dawson further stated that Isaac Arhin was not an agent of Dashment Company, where he is the Managing Director.
Concluding his evidence under cross-examination at the Fast Track High Court in Accra yesterday, Dawson stated that Sheriff chartered the vessel but he did not know that Sheriff was going to use it to cart cocaine.
Dawson is being tried alongside Isaac Arhin and Philip Bruce Arhin, both Ghanaians, as well as Cui Xian Li and Luo Yin Xing, both Chinese, for allegedly playing various roles in the importation of the cocaine.
They have been charged with various counts of using property for narcotic offences, engaging in prohibited business relating to narcotics and possession of narcotic drugs without lawful authority.
Each of them has pleaded not guilty to all the charges and has been remanded in prison custody.
Dawson also stated that he got to know Sheriff at the signing of the charter agreement and met him only twice after the signing ceremony.
He denied an assertion by the prosecution that Dawson hurriedly prepared the sale and charter agreement of the vessel after the vessel was apprehended.
The case was adjourned to Thursday, November 15, 2007.
On Tuesday, October 16, 2007, the court ordered Dawson and the four others to open their defence and answer charges levelled against them.
Giving its ruling in a submission of ‘no case’ by counsel for the accused persons, the court held that the prosecution had succeeded in proving a prima facie case against the accused persons.
However, a sixth accused person, Pak Bok Sil, a Korean national, was acquitted and discharged by the court, which ruled that the prosecution failed to prove a case against him.
Story: Mabel Aku Baneseh
THE owner of the MV Benjamin vessel which was allegedly used to cart 77 parcels of cocaine, Joseph Kojo Dawson, yesterday said that he did not know his vessel was going to be used to cart cocaine.
He also denied giving the vessel out to the cocaine baron, Sheriff Asem Dakeh, alias The Limping Man, to cart the cocaine for a fee of $150,000 to be paid after the cocaine had been successfully carted.
Dawson further stated that Isaac Arhin was not an agent of Dashment Company, where he is the Managing Director.
Concluding his evidence under cross-examination at the Fast Track High Court in Accra yesterday, Dawson stated that Sheriff chartered the vessel but he did not know that Sheriff was going to use it to cart cocaine.
Dawson is being tried alongside Isaac Arhin and Philip Bruce Arhin, both Ghanaians, as well as Cui Xian Li and Luo Yin Xing, both Chinese, for allegedly playing various roles in the importation of the cocaine.
They have been charged with various counts of using property for narcotic offences, engaging in prohibited business relating to narcotics and possession of narcotic drugs without lawful authority.
Each of them has pleaded not guilty to all the charges and has been remanded in prison custody.
Dawson also stated that he got to know Sheriff at the signing of the charter agreement and met him only twice after the signing ceremony.
He denied an assertion by the prosecution that Dawson hurriedly prepared the sale and charter agreement of the vessel after the vessel was apprehended.
The case was adjourned to Thursday, November 15, 2007.
On Tuesday, October 16, 2007, the court ordered Dawson and the four others to open their defence and answer charges levelled against them.
Giving its ruling in a submission of ‘no case’ by counsel for the accused persons, the court held that the prosecution had succeeded in proving a prima facie case against the accused persons.
However, a sixth accused person, Pak Bok Sil, a Korean national, was acquitted and discharged by the court, which ruled that the prosecution failed to prove a case against him.
Trasacco MD, 9 others escape jail sentence
November 6, 2007 (Page 3)
Story: Mabel Aku Baneseh
THE Court of Appeal yesterday saved the necks of the Managing Director of Trasacco Company Limited, Mr. Ian David Morris, and nine others who were jailed for 45 days by an Accra High Court for contempt of court.
The contemnors who had earlier in the day worn distressed faces at the lower court were, within less than eight hours smiling out of the Court of Appeal.
They left the court premises around 5.30 p.m. with smiles after the court had granted an application for bail filed on their behalf by their lawyers.
Morris had been convicted alongside two of his directors, Cinzia Ines Taricone and Ernesto Taricone.
The other appellants were Alhaji Mohammed, CEO of Magnum Force Security Company, Adwoa Omari, Managing Director of Empire Builders Limited, Winifred Kumodzie, surveyor of Empire Builders Limited and Trasacco Company Limited, George Akakpo, Head of Security, Empire Builders Limited and Trasacco Company Limited.
Trasacco Company Limited, Empire Builders Limited and Mangnum Force Security Company Limited were convicted as entities by the court which found them guilty for trespassing on the lands of residents and developers of Nmai-Dzorn, a suburb of Accra.
The 10 had on November 5, 2007 escaped jail after they were convicted for flouting the orders of a competent court of law by trespassing on the property of Nmai Dzorn residents association when their counsel's application for bail was granted.
However, at the court’s sitting in Accra yesterday, all odds turned against them when the court refused to grant them bail pending the outcome of an appeal against their conviction.
In less than four hours after their conviction, lawyers for the appellants namely, Mr. Ayikoi Otoo, Mr. Kofi Peasah-Boadu and Mr. David Kudzoadji filed an application for bail pending the outcome of the appeal against their clients’ conviction.
Their case was instantly listed before a panel of judges and heard.
The court, presided over by Mrs. Justice Henrietta Abban with Mr. Justice Samuel Marful-Sau and Ms. Mariama Owusu as panel members heard the ex-parte motion for bail filed on behalf of the appellants by their lawyers.
Counsel for the appellants argued that the lower court had no jurisdiction to hear the contempt case because there was no formal transfer of the case which was then at the Tema High Court to Accra by the Chief Justice as was required by law.
Counsel had also argued that the appellants were not parties to the suit which was filed against the Nungua Stool by the Nmai Dzorn residents association adding that the appellants bought the land from the Nungua Stool before judgement was given against the Nungua Stool in 2003.
The court after listening to the arguments of the appellants held that the counsel for the appellants had raised very salient legal issues which needed to be looked at.
It also held that the sentence against the appellants was short and if the appellants were allowed to serve their sentence, they would have completed their sentence before the appeal would be heard thereby constituting a substantial miscarriage of justice.
The court accordingly granted the appellants bail in the sum of ¢500 million each with a surety.
On November 5, 2007, the Accra High Court sentenced the MD of the estate developing company and the nine others after convicting them for contempt of court but they were not put in custody because the court granted each of them ¢500-million self-recognisance bail following a notice of appeal which was swiftly filed on behalf of the contemnors by their former counsel, Mr. Kizito Beyuo.
The High Court in 2003 gave judgement in favour of the applicants against the Nungua Traditional Council which happened to have sold the land to Trasacco Company Limited and Empire Builders Limited.
In the substantive case, the Nmai Dzorn residents association said they took a writ of possession of the land in 2003 but the appellants forcibly and brutally took over the land.
They stated that the appellants were very much aware of the court's judgement which declared them as the rightful owners of the land but the appellants still went ahead to take over the land.
According to them, the appellants were currently building a wall round his clients’ property and that prompted the applicants to file a motion of contempt against the contemnors.
Meanwhile, an Accra based legal practitioner, Mr Bright Akwetey, has said the manner in which the Appeal Court was quickly constituted to sit and grant bail "looks funny and fishy".
He said even in a stay of execution, the process was for the lawyer of the defendant to serve it on the lawyer of the other party, that is, the plaintiff.
He said subsequent to that, the lawyer of the plaintiff would then file an opposition to that, and that, according to Mr. Akwetey could take a few days and not a day, for the documents to be considered before the court is constituted to take a decision on granting bail.
He said the way in which bail was granted was suggestive of how the legal system was being manipulated by "big people".
"This shows that big people are not amenable to justice," he said
Story: Mabel Aku Baneseh
THE Court of Appeal yesterday saved the necks of the Managing Director of Trasacco Company Limited, Mr. Ian David Morris, and nine others who were jailed for 45 days by an Accra High Court for contempt of court.
The contemnors who had earlier in the day worn distressed faces at the lower court were, within less than eight hours smiling out of the Court of Appeal.
They left the court premises around 5.30 p.m. with smiles after the court had granted an application for bail filed on their behalf by their lawyers.
Morris had been convicted alongside two of his directors, Cinzia Ines Taricone and Ernesto Taricone.
The other appellants were Alhaji Mohammed, CEO of Magnum Force Security Company, Adwoa Omari, Managing Director of Empire Builders Limited, Winifred Kumodzie, surveyor of Empire Builders Limited and Trasacco Company Limited, George Akakpo, Head of Security, Empire Builders Limited and Trasacco Company Limited.
Trasacco Company Limited, Empire Builders Limited and Mangnum Force Security Company Limited were convicted as entities by the court which found them guilty for trespassing on the lands of residents and developers of Nmai-Dzorn, a suburb of Accra.
The 10 had on November 5, 2007 escaped jail after they were convicted for flouting the orders of a competent court of law by trespassing on the property of Nmai Dzorn residents association when their counsel's application for bail was granted.
However, at the court’s sitting in Accra yesterday, all odds turned against them when the court refused to grant them bail pending the outcome of an appeal against their conviction.
In less than four hours after their conviction, lawyers for the appellants namely, Mr. Ayikoi Otoo, Mr. Kofi Peasah-Boadu and Mr. David Kudzoadji filed an application for bail pending the outcome of the appeal against their clients’ conviction.
Their case was instantly listed before a panel of judges and heard.
The court, presided over by Mrs. Justice Henrietta Abban with Mr. Justice Samuel Marful-Sau and Ms. Mariama Owusu as panel members heard the ex-parte motion for bail filed on behalf of the appellants by their lawyers.
Counsel for the appellants argued that the lower court had no jurisdiction to hear the contempt case because there was no formal transfer of the case which was then at the Tema High Court to Accra by the Chief Justice as was required by law.
Counsel had also argued that the appellants were not parties to the suit which was filed against the Nungua Stool by the Nmai Dzorn residents association adding that the appellants bought the land from the Nungua Stool before judgement was given against the Nungua Stool in 2003.
The court after listening to the arguments of the appellants held that the counsel for the appellants had raised very salient legal issues which needed to be looked at.
It also held that the sentence against the appellants was short and if the appellants were allowed to serve their sentence, they would have completed their sentence before the appeal would be heard thereby constituting a substantial miscarriage of justice.
The court accordingly granted the appellants bail in the sum of ¢500 million each with a surety.
On November 5, 2007, the Accra High Court sentenced the MD of the estate developing company and the nine others after convicting them for contempt of court but they were not put in custody because the court granted each of them ¢500-million self-recognisance bail following a notice of appeal which was swiftly filed on behalf of the contemnors by their former counsel, Mr. Kizito Beyuo.
The High Court in 2003 gave judgement in favour of the applicants against the Nungua Traditional Council which happened to have sold the land to Trasacco Company Limited and Empire Builders Limited.
In the substantive case, the Nmai Dzorn residents association said they took a writ of possession of the land in 2003 but the appellants forcibly and brutally took over the land.
They stated that the appellants were very much aware of the court's judgement which declared them as the rightful owners of the land but the appellants still went ahead to take over the land.
According to them, the appellants were currently building a wall round his clients’ property and that prompted the applicants to file a motion of contempt against the contemnors.
Meanwhile, an Accra based legal practitioner, Mr Bright Akwetey, has said the manner in which the Appeal Court was quickly constituted to sit and grant bail "looks funny and fishy".
He said even in a stay of execution, the process was for the lawyer of the defendant to serve it on the lawyer of the other party, that is, the plaintiff.
He said subsequent to that, the lawyer of the plaintiff would then file an opposition to that, and that, according to Mr. Akwetey could take a few days and not a day, for the documents to be considered before the court is constituted to take a decision on granting bail.
He said the way in which bail was granted was suggestive of how the legal system was being manipulated by "big people".
"This shows that big people are not amenable to justice," he said
Trasacco MD, 9 others escape jail sentence
November 6, 2007 (Page 3)
Story: Mabel Aku Baneseh
THE Court of Appeal yesterday saved the necks of the Managing Director of Trasacco Company Limited, Mr. Ian David Morris, and nine others who were jailed for 45 days by an Accra High Court for contempt of court.
The contemnors who had earlier in the day worn distressed faces at the lower court were, within less than eight hours smiling out of the Court of Appeal.
They left the court premises around 5.30 p.m. with smiles after the court had granted an application for bail filed on their behalf by their lawyers.
Morris had been convicted alongside two of his directors, Cinzia Ines Taricone and Ernesto Taricone.
The other appellants were Alhaji Mohammed, CEO of Magnum Force Security Company, Adwoa Omari, Managing Director of Empire Builders Limited, Winifred Kumodzie, surveyor of Empire Builders Limited and Trasacco Company Limited, George Akakpo, Head of Security, Empire Builders Limited and Trasacco Company Limited.
Trasacco Company Limited, Empire Builders Limited and Mangnum Force Security Company Limited were convicted as entities by the court which found them guilty for trespassing on the lands of residents and developers of Nmai-Dzorn, a suburb of Accra.
The 10 had on November 5, 2007 escaped jail after they were convicted for flouting the orders of a competent court of law by trespassing on the property of Nmai Dzorn residents association when their counsel's application for bail was granted.
However, at the court’s sitting in Accra yesterday, all odds turned against them when the court refused to grant them bail pending the outcome of an appeal against their conviction.
In less than four hours after their conviction, lawyers for the appellants namely, Mr. Ayikoi Otoo, Mr. Kofi Peasah-Boadu and Mr. David Kudzoadji filed an application for bail pending the outcome of the appeal against their clients’ conviction.
Their case was instantly listed before a panel of judges and heard.
The court, presided over by Mrs. Justice Henrietta Abban with Mr. Justice Samuel Marful-Sau and Ms. Mariama Owusu as panel members heard the ex-parte motion for bail filed on behalf of the appellants by their lawyers.
Counsel for the appellants argued that the lower court had no jurisdiction to hear the contempt case because there was no formal transfer of the case which was then at the Tema High Court to Accra by the Chief Justice as was required by law.
Counsel had also argued that the appellants were not parties to the suit which was filed against the Nungua Stool by the Nmai Dzorn residents association adding that the appellants bought the land from the Nungua Stool before judgement was given against the Nungua Stool in 2003.
The court after listening to the arguments of the appellants held that the counsel for the appellants had raised very salient legal issues which needed to be looked at.
It also held that the sentence against the appellants was short and if the appellants were allowed to serve their sentence, they would have completed their sentence before the appeal would be heard thereby constituting a substantial miscarriage of justice.
The court accordingly granted the appellants bail in the sum of ¢500 million each with a surety.
On November 5, 2007, the Accra High Court sentenced the MD of the estate developing company and the nine others after convicting them for contempt of court but they were not put in custody because the court granted each of them ¢500-million self-recognisance bail following a notice of appeal which was swiftly filed on behalf of the contemnors by their former counsel, Mr. Kizito Beyuo.
The High Court in 2003 gave judgement in favour of the applicants against the Nungua Traditional Council which happened to have sold the land to Trasacco Company Limited and Empire Builders Limited.
In the substantive case, the Nmai Dzorn residents association said they took a writ of possession of the land in 2003 but the appellants forcibly and brutally took over the land.
They stated that the appellants were very much aware of the court's judgement which declared them as the rightful owners of the land but the appellants still went ahead to take over the land.
According to them, the appellants were currently building a wall round his clients’ property and that prompted the applicants to file a motion of contempt against the contemnors.
Meanwhile, an Accra based legal practitioner, Mr Bright Akwetey, has said the manner in which the Appeal Court was quickly constituted to sit and grant bail "looks funny and fishy".
He said even in a stay of execution, the process was for the lawyer of the defendant to serve it on the lawyer of the other party, that is, the plaintiff.
He said subsequent to that, the lawyer of the plaintiff would then file an opposition to that, and that, according to Mr. Akwetey could take a few days and not a day, for the documents to be considered before the court is constituted to take a decision on granting bail.
He said the way in which bail was granted was suggestive of how the legal system was being manipulated by "big people".
"This shows that big people are not amenable to justice," he said
Story: Mabel Aku Baneseh
THE Court of Appeal yesterday saved the necks of the Managing Director of Trasacco Company Limited, Mr. Ian David Morris, and nine others who were jailed for 45 days by an Accra High Court for contempt of court.
The contemnors who had earlier in the day worn distressed faces at the lower court were, within less than eight hours smiling out of the Court of Appeal.
They left the court premises around 5.30 p.m. with smiles after the court had granted an application for bail filed on their behalf by their lawyers.
Morris had been convicted alongside two of his directors, Cinzia Ines Taricone and Ernesto Taricone.
The other appellants were Alhaji Mohammed, CEO of Magnum Force Security Company, Adwoa Omari, Managing Director of Empire Builders Limited, Winifred Kumodzie, surveyor of Empire Builders Limited and Trasacco Company Limited, George Akakpo, Head of Security, Empire Builders Limited and Trasacco Company Limited.
Trasacco Company Limited, Empire Builders Limited and Mangnum Force Security Company Limited were convicted as entities by the court which found them guilty for trespassing on the lands of residents and developers of Nmai-Dzorn, a suburb of Accra.
The 10 had on November 5, 2007 escaped jail after they were convicted for flouting the orders of a competent court of law by trespassing on the property of Nmai Dzorn residents association when their counsel's application for bail was granted.
However, at the court’s sitting in Accra yesterday, all odds turned against them when the court refused to grant them bail pending the outcome of an appeal against their conviction.
In less than four hours after their conviction, lawyers for the appellants namely, Mr. Ayikoi Otoo, Mr. Kofi Peasah-Boadu and Mr. David Kudzoadji filed an application for bail pending the outcome of the appeal against their clients’ conviction.
Their case was instantly listed before a panel of judges and heard.
The court, presided over by Mrs. Justice Henrietta Abban with Mr. Justice Samuel Marful-Sau and Ms. Mariama Owusu as panel members heard the ex-parte motion for bail filed on behalf of the appellants by their lawyers.
Counsel for the appellants argued that the lower court had no jurisdiction to hear the contempt case because there was no formal transfer of the case which was then at the Tema High Court to Accra by the Chief Justice as was required by law.
Counsel had also argued that the appellants were not parties to the suit which was filed against the Nungua Stool by the Nmai Dzorn residents association adding that the appellants bought the land from the Nungua Stool before judgement was given against the Nungua Stool in 2003.
The court after listening to the arguments of the appellants held that the counsel for the appellants had raised very salient legal issues which needed to be looked at.
It also held that the sentence against the appellants was short and if the appellants were allowed to serve their sentence, they would have completed their sentence before the appeal would be heard thereby constituting a substantial miscarriage of justice.
The court accordingly granted the appellants bail in the sum of ¢500 million each with a surety.
On November 5, 2007, the Accra High Court sentenced the MD of the estate developing company and the nine others after convicting them for contempt of court but they were not put in custody because the court granted each of them ¢500-million self-recognisance bail following a notice of appeal which was swiftly filed on behalf of the contemnors by their former counsel, Mr. Kizito Beyuo.
The High Court in 2003 gave judgement in favour of the applicants against the Nungua Traditional Council which happened to have sold the land to Trasacco Company Limited and Empire Builders Limited.
In the substantive case, the Nmai Dzorn residents association said they took a writ of possession of the land in 2003 but the appellants forcibly and brutally took over the land.
They stated that the appellants were very much aware of the court's judgement which declared them as the rightful owners of the land but the appellants still went ahead to take over the land.
According to them, the appellants were currently building a wall round his clients’ property and that prompted the applicants to file a motion of contempt against the contemnors.
Meanwhile, an Accra based legal practitioner, Mr Bright Akwetey, has said the manner in which the Appeal Court was quickly constituted to sit and grant bail "looks funny and fishy".
He said even in a stay of execution, the process was for the lawyer of the defendant to serve it on the lawyer of the other party, that is, the plaintiff.
He said subsequent to that, the lawyer of the plaintiff would then file an opposition to that, and that, according to Mr. Akwetey could take a few days and not a day, for the documents to be considered before the court is constituted to take a decision on granting bail.
He said the way in which bail was granted was suggestive of how the legal system was being manipulated by "big people".
"This shows that big people are not amenable to justice," he said
No bail for alleged British paedophile
November 3, 2007 (Page 3)
Story: Mabel Aku Baneseh
THE Accra Circuit Court yesterday refused to grant bail to the 57-year-old British national who allegedly abused the hospitality accorded him by his Ghanaian host and indecently assaulted his host’s three-year-old daughter.
Thomas Alan Tichler, a consultant, who was alleged to have inserted his fingers into the victim’s private parts, resulting in the girl bleeding profusely, was accordingly remanded in custody to reappear on November 9, 2007.
The court also refused an application from his counsel, Mr Ellis Owusu Fordjour, which prayed the court to order the police to hand over the passport of Tichler, which contained security features to the British High Commission for safekeeping.
Counsel said that the case had received bad publicity and it would be in the interest of the accused person if the case was started immediately.
He denied an assertion by the prosecution that the accused person did not have a fixed place of abode.
Mr Fordjour prayed the court to order the prosecution to give a copy of the medical report on the victim to the defence for scrutiny but the court refused to grant that request.
Tichler, who was alleged to have committed the offence at the residence of the victim on October 13, 2007 barely a week after he had arrived in the country for a three-month attachment, pleaded not guilty to the charges of causing harm and indecent assault.
Prosecuting, a Senior State Attorney, Ms Barbara Sackey, said Tichler visited the victim’s father at North Legon, near Redco Flats, on October 13, 2007 and on reaching there, the victim’s father left the victim and her two siblings in the care of Tichler in order to purchase some items from town.
Tichler engaged the victim and her two siblings, aged eight and six, at the sitting room but later managed to engage the victim alone and succeeded in inserting his fingers into her vagina.
Not quiet long after the incident, the victim’s mother arrived from town and just as she entered the kitchen, Tichler followed her and requested for water to wash his hands.
Later, the victim went to her mother and said she wanted to urinate and while helping her, the mother noticed that the victim’s panties had blood stains in them.
The victim mentioned the accused person as the one who inserted his fingers into her vagina when she was questioned by her mother.
Tichler was arrested and handed over to the Legon police.
The victim was later taken to hospital where she was examined, treated and discharged.
Ms Sackey prayed the court to give the prosecution a week to start the trial.
She also implored the court to remand Tichler because he did not have a fixed place of abode.
In reply to submissions from counsel for the accused person, Ms Sackey said the prosecution did not have the final medical report.
On the request for the release of the passport, Ms Sackey said the passport was with the police and it could only be released to the British High Commission after the trial.
Story: Mabel Aku Baneseh
THE Accra Circuit Court yesterday refused to grant bail to the 57-year-old British national who allegedly abused the hospitality accorded him by his Ghanaian host and indecently assaulted his host’s three-year-old daughter.
Thomas Alan Tichler, a consultant, who was alleged to have inserted his fingers into the victim’s private parts, resulting in the girl bleeding profusely, was accordingly remanded in custody to reappear on November 9, 2007.
The court also refused an application from his counsel, Mr Ellis Owusu Fordjour, which prayed the court to order the police to hand over the passport of Tichler, which contained security features to the British High Commission for safekeeping.
Counsel said that the case had received bad publicity and it would be in the interest of the accused person if the case was started immediately.
He denied an assertion by the prosecution that the accused person did not have a fixed place of abode.
Mr Fordjour prayed the court to order the prosecution to give a copy of the medical report on the victim to the defence for scrutiny but the court refused to grant that request.
Tichler, who was alleged to have committed the offence at the residence of the victim on October 13, 2007 barely a week after he had arrived in the country for a three-month attachment, pleaded not guilty to the charges of causing harm and indecent assault.
Prosecuting, a Senior State Attorney, Ms Barbara Sackey, said Tichler visited the victim’s father at North Legon, near Redco Flats, on October 13, 2007 and on reaching there, the victim’s father left the victim and her two siblings in the care of Tichler in order to purchase some items from town.
Tichler engaged the victim and her two siblings, aged eight and six, at the sitting room but later managed to engage the victim alone and succeeded in inserting his fingers into her vagina.
Not quiet long after the incident, the victim’s mother arrived from town and just as she entered the kitchen, Tichler followed her and requested for water to wash his hands.
Later, the victim went to her mother and said she wanted to urinate and while helping her, the mother noticed that the victim’s panties had blood stains in them.
The victim mentioned the accused person as the one who inserted his fingers into her vagina when she was questioned by her mother.
Tichler was arrested and handed over to the Legon police.
The victim was later taken to hospital where she was examined, treated and discharged.
Ms Sackey prayed the court to give the prosecution a week to start the trial.
She also implored the court to remand Tichler because he did not have a fixed place of abode.
In reply to submissions from counsel for the accused person, Ms Sackey said the prosecution did not have the final medical report.
On the request for the release of the passport, Ms Sackey said the passport was with the police and it could only be released to the British High Commission after the trial.
Installation of new Awoamefia for Anlo Traditional Area - Torgbui Sri Restrained
November 3, 2007 (Lead story)
Story: Mabel Aku Baneseh
AFTER two days of blood letting in the Anlo chieftaincy conflict, the Accra Fast Track High Court has restrained the king makers of the Anlo Traditional Council from installing Francis Nyonyo Agboada, alias Regent Torgbui Sri III, as the Awoemefia.
The order, which remains in force until further notice from the court, was effected by substitution through the print and electronic media to the parties involved in the installation, which was expected to take place today.
This followed the granting of an ex-parte motion tabled before the court by the Attorney-General and Minister of Justice, Mr Joe Ghartey, to that effect.
Mr Ghartey had prayed the court to restrain parties in the preparation and installation of Torgbui Sri III because the circumstances surrounding the installation, which had already claimed the lives of six persons, could lead to more bloodbath.
He informed the court that unfolding events showed that tension was very high in the Anlo Traditional Area and it was evident there would be more confusion and bloodshed, if the installation was allowed to take place.
He said information gathered was that unless restrained by the court, the installation of Francis Nyonyo Agboada would take place.
According to the Attorney-General, the government had a responsibility of maintaining peace and order by way of seeking a court order.
He said although the police had granted permission to the Traditional Council to hold the event, it had withdrawn the permission because of the volatile nature of peace and refusal of both parties in the chieftaincy dispute to restrain themselves.
Mr Ghartey argued further that it would be too late if the court stuck to the law which expected parties to be given 48-hour notice from holding an event.
In its ruling, the court, presided over by Mr Justice Samuel Marful-Sau, an Appeal Court judge with additional responsibility as a High Court judge, said although the Public Order Act 1994 (Act 491) stipulated that persons be given 48-hour notice from holding an event, it had become important to waive that Act because people’s lives were at stake.
It held that it had carefully examined the application of the Attorney-General and further restrained all parties from holding any meeting or event concerning or connected to the installation of the said Francis Nyonyo Agboada until further notice from the court.
“It is hereby ordered that king makers, the Anlo Traditional Council and any other persons or institutions involved in the preparation and installation of the Awoemefia of Anlo be and are hereby restrained forthwith from holding any event to install the person named Francis Nyonyo Agboada, also known as Regent Torgbui Sri III, as the Awomefia scheduled for Saturday, November 3, 2007," the court directed.
Story: Mabel Aku Baneseh
AFTER two days of blood letting in the Anlo chieftaincy conflict, the Accra Fast Track High Court has restrained the king makers of the Anlo Traditional Council from installing Francis Nyonyo Agboada, alias Regent Torgbui Sri III, as the Awoemefia.
The order, which remains in force until further notice from the court, was effected by substitution through the print and electronic media to the parties involved in the installation, which was expected to take place today.
This followed the granting of an ex-parte motion tabled before the court by the Attorney-General and Minister of Justice, Mr Joe Ghartey, to that effect.
Mr Ghartey had prayed the court to restrain parties in the preparation and installation of Torgbui Sri III because the circumstances surrounding the installation, which had already claimed the lives of six persons, could lead to more bloodbath.
He informed the court that unfolding events showed that tension was very high in the Anlo Traditional Area and it was evident there would be more confusion and bloodshed, if the installation was allowed to take place.
He said information gathered was that unless restrained by the court, the installation of Francis Nyonyo Agboada would take place.
According to the Attorney-General, the government had a responsibility of maintaining peace and order by way of seeking a court order.
He said although the police had granted permission to the Traditional Council to hold the event, it had withdrawn the permission because of the volatile nature of peace and refusal of both parties in the chieftaincy dispute to restrain themselves.
Mr Ghartey argued further that it would be too late if the court stuck to the law which expected parties to be given 48-hour notice from holding an event.
In its ruling, the court, presided over by Mr Justice Samuel Marful-Sau, an Appeal Court judge with additional responsibility as a High Court judge, said although the Public Order Act 1994 (Act 491) stipulated that persons be given 48-hour notice from holding an event, it had become important to waive that Act because people’s lives were at stake.
It held that it had carefully examined the application of the Attorney-General and further restrained all parties from holding any meeting or event concerning or connected to the installation of the said Francis Nyonyo Agboada until further notice from the court.
“It is hereby ordered that king makers, the Anlo Traditional Council and any other persons or institutions involved in the preparation and installation of the Awoemefia of Anlo be and are hereby restrained forthwith from holding any event to install the person named Francis Nyonyo Agboada, also known as Regent Torgbui Sri III, as the Awomefia scheduled for Saturday, November 3, 2007," the court directed.
No bail for Abodakpi
November 2, 2007 (Page 3)
Story: Mabel Aku Baneseh
THE Court of Appeal yesterday refused to grant bail to Dan Abodakpi, a former Minister of Trade and Industry, who has been sentenced to 10 years’ imprisonment for causing financial loss of $400,000 to the state.
Abodakpi had applied for bail pending the outcome of the appeal which he filed on the grounds that his conviction was wrong and therefore amounted to miscarriage of justice.
The court, presided over by Mr Justice B. T. Aryeetey with Mr Justice Marful Sau and Ms Mariama Owusu as panel members, in a unanimous decision, said the record of proceedings at the lower courts were not available to ascertain whether or not there had been miscarriage of justice against Abodakpi.
It, however, ordered the registrar of the court to ensure that the record of proceedings were ready for listening to enable the appeal to be heard in no time.
Citing authorities to buttress its decision, the court held that it would be appropriate for it to wait for the record of proceedings at the lower courts in order to look at the issues dispassionately.
The court explained that granting of bail to a person who had been convicted was considered unusual unless there were exceptional conditions.
It cited some of the exceptional conditions as the likelihood of delay in the hearing of a case, especially when the conviction was short and there was the likelihood of the appeal succeeding.
In Abodakpi’s case, the court held that his jail term was long while the absence of record of proceedings at the lower courts had handicapped the court to ascertain whether or not the appeal had chances of succeeding.
The court held that serious legal issues had been raised by counsel for Abodakpi and could be looked at only when the record of proceedings at the lower court was available.
The packed courtroom became dead still when the bail application was refused. Abodakpi, who had been flocked by his family and well-wishers, was whisked away by prison officers after the ruling.
His counsel is considering the possibility of filing an appeal at the Supreme Court against the court’s ruling.
A new date would be fixed for the hearing of the substantive appeal after the record of proceedings are ready.
On October 11, 2007, counsel for Abodakpi, Mr Tony Lithur, prayed the court to grant his client bail because the conviction of his client was flawed and had no basis.
However, on October 17, 2007, a Chief State Attorney, Ms Gertrude Aikins, informed the court that Abodakpi’s conviction did not occasion any miscarriage of justice.
Opposing the bail application, Ms Aikins, who is also the acting Director of Public Prosecution (DPP), argued that Abodakpi was being detained by an order of a court of competent jurisdiction, adding that the order holding Abodakpi was valid until set aside by a higher court.
She said unless it could be demonstrated that the judgement was indefensible, the court could not grant the accused person bail.
The acting DPP said the trial judge took into account the evidence of prosecution witnesses and that of Abodakpi before concluding that Abodakpi's version was not credible.
Mr Lithur had informed the court on the last adjourned date that the $400,000 was still in a frozen ECOBANK account and untouched by anyone.
Counsel submitted that the prosecution failed to lead evidence to the effect that Abodakpi and the late Victor Selormey, who was charged alongside Abodakpi, had benefited directly from the money.
He said the trial judge, Mr Justice S.T. Farkye, an Appeal Court judge who sat with additional responsibility as a High Court Judge, convicted Abodakpi based on charges and the mere narration of the prosecution, without taking into account the evidence led by the appellant.
He said the trial judge failed to take into account Abodakpi's credible evidence which cast doubt on the evidence led by the prosecution.
According to counsel, the trial judge was duty-bound, as part of the judicial process, to consider the evidence led by the appellant and three defence witnesses which clearly exonerated the appellant.
On August 7, 2007, the court had to adjourn sine die for the reconstitution of the panel following an accusation by Mr Lithur, who alleged that the trial judge, Mr Justice Farkye, had risen from the courtroom on the day of judgement to hold discussions with a panel member on Abodakpi’s case, Mrs Justice Abban, thereby acting in a manner that gave rise to real likelihood of bias.
Story: Mabel Aku Baneseh
THE Court of Appeal yesterday refused to grant bail to Dan Abodakpi, a former Minister of Trade and Industry, who has been sentenced to 10 years’ imprisonment for causing financial loss of $400,000 to the state.
Abodakpi had applied for bail pending the outcome of the appeal which he filed on the grounds that his conviction was wrong and therefore amounted to miscarriage of justice.
The court, presided over by Mr Justice B. T. Aryeetey with Mr Justice Marful Sau and Ms Mariama Owusu as panel members, in a unanimous decision, said the record of proceedings at the lower courts were not available to ascertain whether or not there had been miscarriage of justice against Abodakpi.
It, however, ordered the registrar of the court to ensure that the record of proceedings were ready for listening to enable the appeal to be heard in no time.
Citing authorities to buttress its decision, the court held that it would be appropriate for it to wait for the record of proceedings at the lower courts in order to look at the issues dispassionately.
The court explained that granting of bail to a person who had been convicted was considered unusual unless there were exceptional conditions.
It cited some of the exceptional conditions as the likelihood of delay in the hearing of a case, especially when the conviction was short and there was the likelihood of the appeal succeeding.
In Abodakpi’s case, the court held that his jail term was long while the absence of record of proceedings at the lower courts had handicapped the court to ascertain whether or not the appeal had chances of succeeding.
The court held that serious legal issues had been raised by counsel for Abodakpi and could be looked at only when the record of proceedings at the lower court was available.
The packed courtroom became dead still when the bail application was refused. Abodakpi, who had been flocked by his family and well-wishers, was whisked away by prison officers after the ruling.
His counsel is considering the possibility of filing an appeal at the Supreme Court against the court’s ruling.
A new date would be fixed for the hearing of the substantive appeal after the record of proceedings are ready.
On October 11, 2007, counsel for Abodakpi, Mr Tony Lithur, prayed the court to grant his client bail because the conviction of his client was flawed and had no basis.
However, on October 17, 2007, a Chief State Attorney, Ms Gertrude Aikins, informed the court that Abodakpi’s conviction did not occasion any miscarriage of justice.
Opposing the bail application, Ms Aikins, who is also the acting Director of Public Prosecution (DPP), argued that Abodakpi was being detained by an order of a court of competent jurisdiction, adding that the order holding Abodakpi was valid until set aside by a higher court.
She said unless it could be demonstrated that the judgement was indefensible, the court could not grant the accused person bail.
The acting DPP said the trial judge took into account the evidence of prosecution witnesses and that of Abodakpi before concluding that Abodakpi's version was not credible.
Mr Lithur had informed the court on the last adjourned date that the $400,000 was still in a frozen ECOBANK account and untouched by anyone.
Counsel submitted that the prosecution failed to lead evidence to the effect that Abodakpi and the late Victor Selormey, who was charged alongside Abodakpi, had benefited directly from the money.
He said the trial judge, Mr Justice S.T. Farkye, an Appeal Court judge who sat with additional responsibility as a High Court Judge, convicted Abodakpi based on charges and the mere narration of the prosecution, without taking into account the evidence led by the appellant.
He said the trial judge failed to take into account Abodakpi's credible evidence which cast doubt on the evidence led by the prosecution.
According to counsel, the trial judge was duty-bound, as part of the judicial process, to consider the evidence led by the appellant and three defence witnesses which clearly exonerated the appellant.
On August 7, 2007, the court had to adjourn sine die for the reconstitution of the panel following an accusation by Mr Lithur, who alleged that the trial judge, Mr Justice Farkye, had risen from the courtroom on the day of judgement to hold discussions with a panel member on Abodakpi’s case, Mrs Justice Abban, thereby acting in a manner that gave rise to real likelihood of bias.
Embezzlement : 61 to face prosecution
November 2, 2007 (Page 3)
Story: Mabel Aku Baneseh
SIXTY-ONE public officials suspected to have embezzled billions of cedis from the national kitty are to face prosecution by from the Attorney-General in collaborating with the security agencies.
The individuals, whose names came up at the recent sittings of the Public Accounts Committee (PAC), would be prosecuted at the special financial tribunals which are expected to be established soon.
In an interview with the Daily Graphic in Accra yesterday, the Attorney-General and Minister of Justice, Mr Joe Ghartey, explained that the officials who committed the offences between 2004 and 2005 were currently standing trial at the various courts in the country.
However, he stated that his outfit had decided to collaborate with the police and officials of the Bureau of National Investigation (BNI) to prosecute the cases, which were initially being prosecuted by the police.
Mr Ghartey further stated that the Financial Administration Act had been amended so the tribunals would become a division of the High Court.
Under the new system, the tribunals would use panel assessors who have specialised in non-legal areas instead of panel members to assist judges.
He said the amendment bill would be put before Parliament next week to pave the way for the smooth kick-off of the financial tribunals.
A memorandum on the Financial Administration (Amendment) Bill states that “the purpose of this Bill is to amend the Financial Administration Act, 2003 (Act 654) to provide for a Financial Administration Court in replacement of the Financial Administration Tribunal established in Part VIII of Act 654).”
According to the memorandum, the Bill had become necessary because Article 126 of the 1992 Constitution empowers Parliament only to establish lower courts or tribunals.
“Article 139 (3) of the Constitution empowers the Chief Justice to establish such divisions of the High Court as she determines”.
“Accordingly, this Bill replaces the tribunal with a High Court specially established to deal with matters under the Financial Administration Act (Act 654),” the memorandum stated.
The memorandum further stated that Section 68 of Act 654 stipulated that the tribunals had the powers of a High Court but the amendment as it stood now stated that the tribunal should rather be established as a division of the High Court.
“The consequential effects of the changes are dealt with in the clauses of the Bill and Section 68 of the Act 654 is deleted as it will be redundant once the Financial Administration Court is established,” the memorandum concluded.
Story: Mabel Aku Baneseh
SIXTY-ONE public officials suspected to have embezzled billions of cedis from the national kitty are to face prosecution by from the Attorney-General in collaborating with the security agencies.
The individuals, whose names came up at the recent sittings of the Public Accounts Committee (PAC), would be prosecuted at the special financial tribunals which are expected to be established soon.
In an interview with the Daily Graphic in Accra yesterday, the Attorney-General and Minister of Justice, Mr Joe Ghartey, explained that the officials who committed the offences between 2004 and 2005 were currently standing trial at the various courts in the country.
However, he stated that his outfit had decided to collaborate with the police and officials of the Bureau of National Investigation (BNI) to prosecute the cases, which were initially being prosecuted by the police.
Mr Ghartey further stated that the Financial Administration Act had been amended so the tribunals would become a division of the High Court.
Under the new system, the tribunals would use panel assessors who have specialised in non-legal areas instead of panel members to assist judges.
He said the amendment bill would be put before Parliament next week to pave the way for the smooth kick-off of the financial tribunals.
A memorandum on the Financial Administration (Amendment) Bill states that “the purpose of this Bill is to amend the Financial Administration Act, 2003 (Act 654) to provide for a Financial Administration Court in replacement of the Financial Administration Tribunal established in Part VIII of Act 654).”
According to the memorandum, the Bill had become necessary because Article 126 of the 1992 Constitution empowers Parliament only to establish lower courts or tribunals.
“Article 139 (3) of the Constitution empowers the Chief Justice to establish such divisions of the High Court as she determines”.
“Accordingly, this Bill replaces the tribunal with a High Court specially established to deal with matters under the Financial Administration Act (Act 654),” the memorandum stated.
The memorandum further stated that Section 68 of Act 654 stipulated that the tribunals had the powers of a High Court but the amendment as it stood now stated that the tribunal should rather be established as a division of the High Court.
“The consequential effects of the changes are dealt with in the clauses of the Bill and Section 68 of the Act 654 is deleted as it will be redundant once the Financial Administration Court is established,” the memorandum concluded.
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