Private legal practitioner Martin Kpebu says evidence gathered and tested in the United States could significantly strengthen the Office of the Special Prosecutor’s (OSP) investigation into the Ghanaian dimension of the bribery case involving former Goldman Sachs banker and former Tema Oil Refinery Managing Director, Asante Kweku Berko.

His comments come after Special Prosecutor Kissi Agyebeng named five persons of interest in the OSP’s investigation into the case.

The persons named are former Power Minister Kwabena Donkor; former technical adviser to the Minister of Power, Francis Walkson Kwesi Gyata; former deputy director at the Ministry of Power, Solomon Adjetey Sowah; former director at Tricop Group Limited, Lindin George Nii Mettle; and Tricop Group Limited employee, Baffour Ankomah Brobbey.

Speaking on JoyFM’s Top Story on Wednesday, August 26, Mr Kpebu said the fact that evidence in the case had already been tested in a US court gives it significant weight for the Ghanaian investigation.

“The fact that that evidence has already gone through another court and has stood the test of time... the fact that that evidence was able to meet the criminal standard, that is, proof beyond reasonable doubt, then it stands to reason that it would be good for us too.”

• Read also: Kwabena Donkor, four others named as persons of interest in Asante Berko case – OSP

He said the evidence could therefore provide a strong foundation for the OSP’s case.

“It’s good evidence. It’s good evidence that should be able to help our case substantially.”

Mr Kpebu, however, was critical of the OSP’s handling of the matter before the latest developments, accusing the Special Prosecutor of failing to adequately communicate updates on the investigation.

He said the US prosecution had helped bring the case back into focus.

“Without them, this case was dead. The Special Prosecutor had suppressed this case for various reasons. He wasn’t reporting on it.”

Mr Kpebu said the US authorities would be interested in ensuring that the Ghanaian investigation is properly concluded, particularly because of the conviction secured in the United States.

On whether the OSP could still establish a bribery case if it is unable to identify the exact recipient of money allegedly paid, Mr Kpebu urged caution and said the investigation should be allowed to take its course.

He noted that the US case had already established that Mr Berko paid money to various individuals whose identities were established during the proceedings.

“So far, in the US court, it’s been proven that Berko gave money to various persons, and those persons have been identified.”

Mr Kpebu said Mr Berko’s cooperation could also be important to the Ghanaian investigation, adding that the Attorney General’s oversight of the case was significant.

He explained that the matter is not being handled by the OSP alone and that the Attorney General has supervisory authority over the process.

According to him, evidence from Mr Berko and other witnesses could help Ghanaian investigators establish what happened and identify those responsible.

Mr Kpebu also pointed to the involvement of the US Federal Bureau of Investigation (FBI) and the US Department of Justice, saying their previous work on the case could provide useful support to Ghanaian authorities.

He argued that the US agencies would have an interest in ensuring that the case is properly prosecuted in Ghana, particularly after securing Mr Berko’s conviction in the United States.

“The FBI and the Justice Department of the United States would not like to sit down aloof and watch us botch this case again.”

He said a failure to establish the Ghanaian dimension of the case could raise questions about the disparity between Mr Berko’s US conviction and any potential outcome in Ghana.

Mr Kpebu ultimately urged authorities to allow the investigation to proceed while emphasising the importance of the Attorney General’s supervision.

He also referenced a Supreme Court position that the Attorney General has the authority to supervise the Special Prosecutor.