Court Frees 3 In Nsawam Cannery Case

By William Yaw Owusu

Friday, 14 July 2006
A Fast Track High Court in Accra yesterday discharged three persons standing trial together with Nana Konadu Agyemang Rawlings, former First Lady, and five others for their alleged involvement in the divestiture of Nsawam Cannery.

They are Georgina Okaitey, Director, George Mould, Director and Larry Adjetey, Director/Secretary, all of Carridem Development Company Limited (CDCL).

This follows a submission by the Attorney-General, Mr. Joe Ghartey, who is prosecuting the case that they were withdrawing the charges against the three.

He said the prosecution withdrew charges against the three under section 59 of Act 30.

With this development, when the case resumes on July 26, the adjourned date, those who will be in court will be the former First Lady, Emmanuel Amuzu Agbodo, former Executive Secretary of the DIC, Thomas Benson Owusu, former DIC Accountant (who was not in court due to ill-health), Kwame Peprah, former Finance Minister and DIC chairman and Hanny Sherry Ayittey, Director of CDCL .

The court, presided over by Mr. Justice Paul Baffoe-Bonnie, however, dismissed a Stay of Proceedings application which had been filed by CDCL, pending the determination of a civil suit which the CDCL had argued had a bearing on this criminal action.

Carridem Development Company Limited (CDCL), had filed the application, asking that a civil suit between them and the Divestiture Implementation Committee (DIC) and the Attorney General in another court should be determined before “this criminal action can go on”.

They have been charged with 30 counts of conspiracy, causing financial loss to a public body, intentionally causing loss to a public property, conspiracy to obtain public property by false statement and obtaining public property by false statement.

Dismissing the application, Mr. Justice Baffoe-Bonnie said, “If the court finds out that the institution of the present criminal proceedings is an abuse of the Court processes it will not bar the court from so declaring.”

“Council knows and concedes that the Attorney-General has a much heavier burden of proof in a criminal trial. I have looked at the application and all the countervailing circumstances and I am convinced that this is not a case that should attract the comment ‘Abuse of Judicial Process’, by counsel for the accused”, the Judge said.

Though Mr. Tony Lithur, counsel for CDCL, had argued that the matter had generated public interest and proceeding with the trial of the accused, some of whom are political figures, could erode public confidence and interest in the judiciary.

The Judge responded that, “This would very well pass for a powerful statement to be issued by a politician or delivered on a political platform. But canvassed by a learned counsel before a law court, it is really unfortunate.”

He said the judiciary should see everybody as equal before the law and should do its work without fear or favor adding that, “The Attorney-General should be allowed to do his work
Let him initiate the action and the court is here to determine whether the action should proceed.”