The Ghana International Airline case • Anane, Akoto Osei file appeal

October 12, 2010 (Page 3 Lead)

TWO persons accused of causing financial loss to the state regarding the sale of Ghana Airways and the operations of Ghana International Airline (GIA) have filed an appeal against a Fast Track High Court’s refusal to refer their request for relevant documents on the case to the Supreme Court for interpretation.
Lawyers for Dr Richard Anane, a former Minister of Transport, and Dr Anthony Akoto Osei, a former Minister of State at the Ministry of Finance and Economic Planning, filed the appeal against the Financial Division of the Fast Track High Court, which on July 16, 2010 refused to refer the matter to the Supreme Court on the grounds that the issues raised by the accused persons did not border on the Constitution.
Those charged alongside the two are Kwadwo Mpiani, a former Chief of Staff and Minister for Presidential Affairs; Sammy Crabbe, a former Greater Accra Regional Chairman of the New Patriotic Party (NPP), and Prof. George Gyan-Baffour.
They variously face 22 counts of causing financial loss to the state, defrauding by false pretences, conspiracy to deceive public officers, deceit of public officer, misappropriation of public funds, opening an offshore account without authorisation from the Bank of Ghana (BoG), conspiracy to commit stealing and stealing.
They have pleaded not guilty to the charges and the court, presided over by Mr Justice Bright Mensah, has granted them self-recognisance bail.
At the court’s sitting in Accra yesterday, counsel for Dr Anane, Dr Jacob Acquah-Sampson, told the court that the two accused persons had filed an appeal against the court’s decision.
He, therefore, prayed the court to stay proceedings to enable the accused persons to pursue their appeal at the Court of Appeal.
Opposing counsel’s application, the Director of Public Prosecutions, Ms Gertrude Aikins, prayed the court to hear the case because the accused persons had failed to state the specific date on which the appeal would be heard.
She said the accused persons could always go to the higher court to quash any decision taken by the lower court.
The trial judge, Mr Justice Bright Mensah, however, said the court’s attention had been drawn to the appeal and for that reason the court would adjourn the case to November 1, 2010.
The accused persons had requested for relevant documents to aid their defence, under Article 19 (2e) of the 1992 Constitution, which states that “a person charged with criminal offence shall be given adequate time and facilities for the preparation of his defence”.
But the State opposed the application on the grounds that sections 163 and 181 of the Criminal Procedure Code of 1960 (Act 30) do not allow accused persons who are standing trial summarily to have access to such documents before they are tendered in evidence as exhibits.
Giving its ruling on July 16, 2010, the court upheld the state’s submissions and accordingly ordered the accused persons to present themselves for trial in his court.