Court Hears Abodakpi's Appeal

By William Yaw Owusu

Friday, 16 March 2007
An Accra Fast Track High Court yesterday heard the application for bail pending appeal filed by Daniel Kwasi Abodakpi, former Trade and Industry Minister, against his 10 year conviction on February 5 by the court.

The application, filed on February 12 and a supplementary filed on application on March 2, was moved by Mr. Charles Hayibor, counsel for Abodakpi who is also an MP, before a packed audience which include Prof. J.E.A. Mills, flagbearer for the National Democratic Congress (NDC).

Following the completion of counsel’s submission, the court adjourned until March 29 for the prosecution, led by Ms. Getrude Aikins, acting Director of Public Prosecution (DPP) to respond to the application for bail after which the court will fix a date for ruling.

Moving the notion, Mr. Hayibor said the application had been brought under section 33 of the Court’s Act and Section 96 of the Criminal Procedure Code Act 30, which permitted them to do so.

He said Abodakpi was dissatisfied with his conviction and had filed an appeal at the Court of Appeal adding, "There are exceptional or unusual grounds which justify our appeal application which has a greater chance of success."

He argued that there were errors in certain aspects of the judgement saying "there had been material conflicts in the evidence of the prosecution witnesses which were not captured in the judgement."

Counsel said the court failed to consider that the burden of proof should have come from the prosecution, and cited the evidence by the fourth and ninth prosecution witnesses which he described as "conflicting."

"The court should have considered the whole of the evidence before the conviction. We have given various scenarios in our affidavit to buttress this point."

Counsel told the court that Abodakpi in his evidence said he did not authorise the payment of a feasibility study and the letter to that effect was never produced by the prosecution.

"Selomey acted on his own by making the misrepresentation for a feasibility studies. As far as we are concerned, my client’s letter was a study proposal which is not paid for.

"In assessing what has gone on in the trial, it is clear that the court did not mention bits and pieces of the evidence of the prosecution which exonerated my client when some of the witnesses had said they were aware of the project."

On the issue of the plea for mitigation before the sentence was passed, Mr. Hayibor said: "We should have been offered the opportunity to make this plea since it was an acceptable practice."

He also said once the money paid into the account of Dr. Boadu had been frozen, the court should have given the defence the benefit of doubt.

"We will canvass the issue of mitigation at the Court of Appeal and who knows our sentence could be quashed or reduced."

As soon as counsel mentioned the issue of the money being frozen, Justice S.T. Farkye, of the Court of Appeal, who had remained quiet all along burst out, "Go and read my judgement, whether I touched on this issue."

"Do not let people disturb me! These are the things you say and they go on radio claiming the money is in the bank but the judge has convicted him.

"In any case, did you cross-examine the witness who gave testimony concerning the money?" the judge asked the counsel.

Counsel then wound up by submitting that Abodakpi was ready to fulfill all bail conditions should the court exercise its discretion in the grant of bail pending the appeal.

Abodakpi, 57, NDC MP for Keta since 1993, was sentenced to 10 years in hard labour on seven counts of conspiracy, causing financial loss to the state and defrauding by false pretences.

He was said to have illegally authorised the payment of 400,000 dollars to Dr. Fredrick Owusu Boadu, a Ghanaian Consultant in Texas, United States, from the Trade and Investment Project (TIP) fund.

The eight million dollar TIP Fund was set up by the NDC administration government from the United States Agency for International Development (USAID) to promote the non-traditional export sector and the funds were lodged with Ecobank.

Abodakpi was originally charged with Victor Selomey, a former Deputy Minister of Finance and Economic Planning, who died in the course of the trial.