Fresh Charges For Mrs.Rawlings And Others

By William Yaw Owusu

Friday July 13,2007
The trial of Nana Konadu Agyeman Rawlings, former First Lady and five others for their involvement in the divestiture of Nsawam Cannery, took a new twist yesterday when the prosecution withdrew the charges against all the accused persons and replaced them with fresh ones.

It is the second time that the prosecution, led by Joe Ghartey, Attorney-General and Minister of Justice, has withdrawn charges against the accused persons.

Nana Konadu is being tried with Kwame Peprah, former Finance Minister and Chairman of the Divestiture Implementation Committee (DIC), and Emmanuel Amuzu Agbodo, former Executive Secretary of the DIC.

The rest are Thomas Banson Owusu, former DIC Accountant, Hanny Sherry Ayittey, Director of Carridem Development Company Limited (CDCL) as well as the CDCL itself.

They were originally charged with Georgina Okaitey, a Director, George Mould, a Director and Larry Adjetey, a Director/Secretary; all of CDCL but the A-G withdrew the charges against the three under Section 9 of Act 30 of the Criminal Code last year.

On the new charge sheet, Mrs. Rawlings, Ms. Ayittey and CDCL are facing eight counts of conspiracy, causing loss to public property dishonestly, obtaining public property by false pretences, obtaining public property by false statement, conspiracy to alter forged documents and altering forged documents.

Mr. Peprah on the other hand faces three counts of conspiracy to cause a loss to public property dishonestly, causing loss to public property and conspiracy to obtain public property by false pretences.

Mr. Agbodo is charged with 10 counts of conspiracy, stealing, intentionally causing loss to the property of public body, causing loss to a public body by dishonesty, causing loss to public property by dishonesty and conspiracy to obtain public property by false pretences while Mr. Owusu faces six counts of conspiracy, and stealing.

All the accused persons pleaded not guilty and were granted bail in their own self-cognisance.

Following the new charges, the motion filed by Mr. Peprah on grounds of immunity could not be moved by Nana Agyei Ampofo, his counsel.

The court explained that Mr. Peprah’s application could not be moved because the motion was premised on the withdrawn charged sheet, adding that defence counsel was at liberty to file a fresh application.

In Mr. Peprah’s motion he had averred that he was indemnified under Section 15 of the Divestiture of State Interests (Implementation) Act 1993 (PNDC Law 326).

After taking the plea of all the accused persons, Mr. Tony Lithur, counsel for Mrs. Rawlings, Ms. Ayittey and CDCL, asked the court for an adjournment to enable him to study the new charges.

Mr. Ghartey told the court that the prosecution will call seven witnesses. Giving the facts of the case, Ms. Getrude Aikins, Acting Director of Public Prosecutions said “the prosecution will lead evidence to show that the transaction between CDCL and DIC has not been appropriately done.”

Justice Paul Baffoe Bonnie, adjourned proceedings to July 31, and gave notice that he will have to seek clearance from the Chief Justice before he can sit during the legal vacation which will start on August 1, 2007.

Mrs. Rawlings and all the other accused persons were present in the court amid tight security as the room was filled to capacity by sympathisers including three of her children.