No Prosecutor At Mrs Rawlings' Trial

Mrs Rawlings responding to cheers from party supprters

By William Yaw Owusu

Thursday, 01 November 2007
The case of former First Lady Nana Konadu Agyeman Rawlings, and four others, being tried in connection with the divestiture of the Nsawam Cannery could not be heard yesterday because there were no prosecutors present.

The state prosecutors from the Attorney-General’s Department were not in the court at the time the case was called.

Bram Larbi, a defence counsel, asked the court to strike out the case at the next adjourned date should the prosecution fail to turn up a second time.

But Justice Kobena K. Acquaye, who has taken over the trial from Justice Paul Baffoe-Bonnie of the Court of Appeal, said he will rather fix a new date for hearing and asked the defence counsel to take steps to inform the prosecution about the new date. He adjourned the case to November 15.

The new judge expressed his displeasure about the way sympathisers of the accused persons thronged the court premises to disturb proceedings of the court and asked defence counsel to advise them to desist from their act.

All the accused persons, including Kwame Peprah, former Finance Minister and chairman of the Divestiture Implementation Committee (DIC), and Emmanuel Amuzu Agbodo, former Executive Secretary of the DIC, Thomas Banson Owusu, former DIC Accountant, Hanny Sherry Ayittey, Director of Carridem Development Company Limited were in court (CDCL). The CDCL itself is also on trial.

Later, after the departure of the accused persons, Ms. Gertrude Aikins, acting Director of Public Prosecutions, arrived in court.

She said she was aware of the date of the case but was unaware about the time. She also said she did not know about the change of judge.

Sources at the court said the accused persons had filed a motion for stay of execution pending the determination of a civil appeal involving the CDCL and AG’s Department.

They said the determination of the appeal will have a bearing on the criminal case.

The accused persons 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.

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 have pleaded not guilty and are on self-cognisance bail