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Justices Henrietta Abban and S.T. Farkye, both Appeal Court Judges, have been exonerated from any wrongdoing by the committee appointed to probe allegations of interference in the case involving Dan Abodakpi.The report of the one-man committee, constituted by Justice Stephen Allan Brobbey, a Supreme Court judge said, "No evidence of any form was given on the allegation that Justice Abban and Justice Farkye, the presiding judge, discussed the Dan Abodakpi case".The report said the only person who could have supplied the evidence on the discussion was Mr Tony Lithur, Council for Mr. Abodakpi "because it was he who made the allegation that the two justices discussed the case".The report said Mr Lithur failed to participate in the enquiry and did not supply the information in any guise or form before the enquiry."It is recalled that while delivering his ruling in the case in which Abodakpi was charged with willfully causing financial loss to the state Justice Farkye was said to have been called by Justice Abban out of the courtroom to the conference room.Tony Lithur, counsel for Abodakpi, later lodged a written complaint to the effect that the two judges had a discussion "which had direct impact on the judgment that Justice Farkye read".In his report dated May 9, Justice Brobbey explained that when Mr Lithur was invited to appear before the committee, he declined the invitation.He said Mr Lithur wrote: "While I am not aware of the nature of the inquiry that has been ordered and its possible impact on the processes that we are currently pursuing through the courts, I wish respectfully to indicate that my instructions are to have this matter judicially determined with the relevant consequences for the liberty of my client. I am, therefore, unable to participate in a purely administrative proceeding or investigation on this matter as I had previously indicated".In all, three witnesses appeared before him, (Justice Brobbey), namely Justices Abban, Farkye and Atuguba who was in the conference room when the two met.According to the report, Justice Abban said that on the morning of February 5 last year, she was at home when she had a telephone call from Justice Farkye in which he requested for her copies of the Criminal Procedure code (Act 30) and the Criminal Code (Act 29).The report said when Justice Abban arrived at the court, she went to the conference room of the Court of Appeal to deliver the books."Justice Farkye was called from the court room; he took the books from her and returned to the court room. She denied ever discussing any case or the Abodakpi case with him," the report stated.This was corroborated by Justice Farkye who said that after he had started reading his judgment, he was told that Justice Abban had arrived in the conference room with the two statutes. "He interrupted the reading and went into the conference room, collected the books and returned to the court room to continue reading what he had started earlier on."He insisted that he never discussed any case or any matter with Justice Abban on that occasion," the report said.Justice Atuguba, the only person in the room when the two others met, told Justice Brobbey that he was in the conference room at that time but he did not hear them discuss anything as he was sitting in the far corner of the room.
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