KWAME PEPRAH PLEADS IMMUNITY


By William Yaw Owusu

Tuesday July 10, 2007
Mr. Kwame Peprah, a former Finance Minister, standing trial together with Nana Konadu Agyemang Rawlings, former First Lady and four others for their alleged involvement in the divestiture of Nsawam Cannery has asked the court to acquit and discharge him because he claims he has immunity.

Additionally, Mrs. Rawlings and her co-accused, Hanny Sherry Ayittey and Carridem Development Company Limited (CDCL) have also filed for a stay of proceedings in the matter but the application was yet to get to the Fast Track HighCourt presided over by Justice Paul Baffoe-Bonnie of the Court of Appeal.

Ms Rawlings is on trial together with Emmanuel Amuzu Agbodo, former Executive Secretary of the Divestiture Implementation Committee (DIC); Thomas Benson Owusu, former DIC Accountant; Kwame Peprah, former Finance Minister and DIC Chairman, and Hanny Sherry Ayittey, Director of Carridem Development Company Limited (CDCL).

They were originally charged with Georgina Okaitey, a Director; George Mould, a Director, and Larry Adjetey, a Director/Secretary; all of CDCL but the Attorney General withdrew the charges against the three under section 9 of Act 30 of the Criminal Code.

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

They have all pleaded not guilty and are on self cognisance bail.
When the case was called Nana Agyei Ampofo counsel for Mr. Peprah said they filed the motion on notice for dismissal of the charges against his client on June 27 but Ms.Gertrude Aikins the Acting Director of Public Prosecutions (DPP) who is the prosecutor said she had just been given a copy of the application and needed an adjournment to reply.

The court accepted the prosecution's position and adjourned proceedings until July 12 for the application to be moved.

Before the court adjourned proceedings Mr. Tony Lithur, counsel for Mrs. Rawlings, Ms. Ayittey and CDCL also said they filed the application for stay of proceedings on July 6, and yet to get to the court.

In Mr. Peprah's motion he argued that the duty he performed regarding the divestiture of Nsawam Cannery was a duty commended by law and a refusal to do it would have been unlawful adding that the divestiture of state interests (implementation) Act 1993 PNDCL 326 established the DIC with Section 4 (2) giving directions as what to be done.

'The decision to divest the interest and the Presidential approval were made and given before I became Chairman of the governing body of DIC' explaining that Nsawam Cannery was established by statute and the interest of government in it was accordingly created by statute.

He said he is indemnified against court proceedings in respect of any act or omission arising out of the disposal of the said government interest in Nsawam Cannery by reason and operation of Section 15 of the Divestiture of State Interests Act, describing the charges as illegal.

Mr. Peprah further asked the court to make orders prohibiting the government from disturbing him in matters relating to the performance of his function ac Chairman of the governing board of the DIC.

Mrs Rawlings and her co-accused persons with the exception of Owusu were present in the court which was filled by
sympathisers including three children of the former first couple.