Mrs. Rawlings' trial adjourned to August 21

Nana Konadu Agyemang Rawlings, Former Ist Lady of Ghana.

By William Yaw Owusu

Thursday August 2, 2007
AN Accra Fast Track High Court trying Nana Konadu Agyemang Rawling, former First Lady, and five others for their involvement in the divestiture of Nsawam Cannery, on Tuesday adjourned proceedings until August 21, because the Superior Court were proceeding on their annual legal vacation.

The court, presided over by Justice Paul Baffoe-Bonnie of the Court of Appeal, said he took the decision because the court as at July 31, had not received a fiat/directive from the Office of the Chief Justice to sit during the vacation.

He also explained that the court could not adjourn proceedings since die (indefinitely) because the High Court rules did not allow a criminal case to be adjourned more than three weeks, saying both the prosecution and the defence should come before as vocation court for subsequent adjournments.

On July 12, the trial took a new twist when the prosecution, led by the Attorney-General and Minister of Justice, Mr Joe Ghartey, replaced the charges against the accused persons with fresh ones.

It was the second time that the prosecution had withdrawing the charges.

Mrs Rawling is being tried together 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 Benson Owusu, former DIC Accountant, Hanny Sherry Aryittey, 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 AG withdrew the charges against the three under Section 9 of Act 30 of the Criminal Code last year.

The accused persons were originally charged with 30 counts of conspiracy, causing financial loss to public property, intentionally causing loss to public property, conspiracy to obtain public property by false statement and obtaining public property by false statement.

But on the new charges sheet Mrs Rawlings, Ms Aryittey 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 statements, 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 charges 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 have pleaded not guilt and are on their own self-cognisance bail.

Before the old charge sheet was withdraw, Mr Peprah had on July 9 filed a motion asking the court to acquit him on grounds of immunity.

The motion could however not be moved following the withdrawal of the old charge sheet.

Mrs Rawlings and Mr Owusu were not in court but Mr Peprah, Mr Agbodo and Ms Aryittey were present.

Mr Tony Lithur, counsel for Mrs Rawlings apologized on behalf of his client for not making it to the court say “she traveled outside the jurisdiction and has sent her apology through me for any inconvenience.”

Mr Owusu on the other hand was said to be residing in Ghana and the court asked defence counsel to always impress upon their clients to attend court since it was a criminal trial.