16/01/2009
By Florence Gbolu
The office Attorney General had filed for a nolle prosequi (unwillingness to pursue further) in the case in which the former first Lady, Nana Konadu Agyemang Rawlings and others for causing loss to public property.
The application was filed following the decision of the President John Agyekum Kufuor to drop the charges against the accused persons before exiting office on January 6, 2009.
The Attorney-General’s Department consequently filed a notice at the court to discontinue the trial of the former First Lady for her alleged involvement in the divestiture of the Nsawam Cannery. The notice was filed last week at the Registry of the Fast Track High Court.
Mrs. Rawlings and the others namely, Emmanuel Agbodo, former Executive Secretary of the Divestiture Implementation Committee, Thomas Benson Owusu, former DIC Accountant, Kwame Peprah, former Finance Minister and DIC Chairman as well as Fanny Sherry Ayittey, Director of Carridem Development Company Limited, were 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 utter forged documents and uttering forged documents.
The accused persons were thus left off the hook by an Accra Fast Track High Court after it received the application.
During court sitting yesterday, the trial judge, Justice Edward Amoako Asante, informed the defendants that the A-G had filed a notice for withdrawal. There was however no representative from the A-G’s office to move the application.
Counsel for former first lady, Mr. Tony Lithur in reacting to this new development, noted that it was an understanding in law, that when such a notice is filed the parties have to be in court formally for the case to be struck out.
Associating himself to Mr. Lithur was Nana Ato Dadzie, Counsel for Kwame Peprah (the only accused person not in court yesterday), who also expressed dissatisfaction with the whole case.
He was of the view that the matter should have not been brought to court in the first place. He said the decision of the A-G to withdraw the case had come a little late.
He noted that the accused persons had suffered unnecessary pressure both locally and internationally, that has had diverse effects on their relations and health. Both defense counsels indicated their intentions to request for compensation, had the case been a civil one.
But the judge pointed out to them that his hands were tied in the matter. "Counsel knows that my hands are tied in this matter. But if the two of you want to pursue this you can put your heads together and take the appropriate action later,” he emphasized.
In 2002, the Auditor-General, pursuant to Article 187(2) of the 1992 Constitution and Section 11 of the Audit Service Act 200 (Act 584), conducted a routine audit of the DIC.
In the course of the audit, the A-G discovered a lot of discrepancies in connection with the divestiture of the GIHOC Nsawam Cannery Limited, and so started investigation of the divestiture and that later led to the court action.
They all pleaded 'not guilty" to all the charges leveled against them, and were granted self-recognizance bail.
By Florence Gbolu
The office Attorney General had filed for a nolle prosequi (unwillingness to pursue further) in the case in which the former first Lady, Nana Konadu Agyemang Rawlings and others for causing loss to public property.
The application was filed following the decision of the President John Agyekum Kufuor to drop the charges against the accused persons before exiting office on January 6, 2009.
The Attorney-General’s Department consequently filed a notice at the court to discontinue the trial of the former First Lady for her alleged involvement in the divestiture of the Nsawam Cannery. The notice was filed last week at the Registry of the Fast Track High Court.
Mrs. Rawlings and the others namely, Emmanuel Agbodo, former Executive Secretary of the Divestiture Implementation Committee, Thomas Benson Owusu, former DIC Accountant, Kwame Peprah, former Finance Minister and DIC Chairman as well as Fanny Sherry Ayittey, Director of Carridem Development Company Limited, were 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 utter forged documents and uttering forged documents.
The accused persons were thus left off the hook by an Accra Fast Track High Court after it received the application.
During court sitting yesterday, the trial judge, Justice Edward Amoako Asante, informed the defendants that the A-G had filed a notice for withdrawal. There was however no representative from the A-G’s office to move the application.
Counsel for former first lady, Mr. Tony Lithur in reacting to this new development, noted that it was an understanding in law, that when such a notice is filed the parties have to be in court formally for the case to be struck out.
Associating himself to Mr. Lithur was Nana Ato Dadzie, Counsel for Kwame Peprah (the only accused person not in court yesterday), who also expressed dissatisfaction with the whole case.
He was of the view that the matter should have not been brought to court in the first place. He said the decision of the A-G to withdraw the case had come a little late.
He noted that the accused persons had suffered unnecessary pressure both locally and internationally, that has had diverse effects on their relations and health. Both defense counsels indicated their intentions to request for compensation, had the case been a civil one.
But the judge pointed out to them that his hands were tied in the matter. "Counsel knows that my hands are tied in this matter. But if the two of you want to pursue this you can put your heads together and take the appropriate action later,” he emphasized.
In 2002, the Auditor-General, pursuant to Article 187(2) of the 1992 Constitution and Section 11 of the Audit Service Act 200 (Act 584), conducted a routine audit of the DIC.
In the course of the audit, the A-G discovered a lot of discrepancies in connection with the divestiture of the GIHOC Nsawam Cannery Limited, and so started investigation of the divestiture and that later led to the court action.
They all pleaded 'not guilty" to all the charges leveled against them, and were granted self-recognizance bail.
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