Audio By Carbonatix
The case in which four former ministers of state in the Kufuor administration and one other, are being tried for their alleged complicity in the liquidation of Ghana Airways, was Tuesday adjourned sine die.
The decision by the Accra Financial High Court was in compliance with the Court of Appeal's ruling of December 1, which granted a stay of proceedings in the case.
Standing trial are Dr.Richard Anane, former Transport Minister, Dr. Anthony Akoto Osei, former Minister of State at the Ministry of Finance and Economic Planning, and Kwadwo Mpiani, former Chief of Staff at the Presidency.
The rest are Prof. George Gyan-Baffour, former Deputy Minister of Finance and Economic Planning, and Sammy Crabbe, former Greater Accra Regional chairman of the New Patriotic Party.
The court's decision was to enable the Court of Appeal to make a determination on an appeal filed by two of the five accused persons against the High Court for its refusal to refer to the Supreme Court for interpretation, their request for relevant documents on the case.
When the court resumed sitting on Tuesday, the presiding judge, Justice Bright Mensah, said his attention had been drawn to the Court of Appeal's decision, and adjourned the case sine die to enable the accused persons to pursue their appeal.
Dr. Anane and Dr. Akoto Osei requested for relevant documents at the High Court to aid their defence in the case.
They argued that Article 19 (2e) of the 1992 Constitution allows "a person charged with a criminal offence — be given adequate time and facilities for the preparation of his defence."
But the prosecution opposed the application on grounds that Sections 163 and 181 of the Criminal Procedure Code of 1960 (Act 30) "do not allow accused persons who are standing trial summarily to have access to such documents until they are tendered in evidence as exhibits."
In the circumstance, counsel for Dr. Anane and Dr. Akoto Osei requested the High Court to refer the matter to the Supreme Court for interpretation, but the High Court on July 16, refused to refer the matter, explaining that the issues raised by the two did not border on the constitution.
Justice Bright Mensah, therefore, ordered the accused persons to present themselves for trial.
Dissatisfied with the ruling, the two filed an appeal against the High Court decision, in addition, to an application for stay of proceedings pending the final determination of the appeal.
Granting the application for stay of proceedings yesterday, the Court of Appeal held that the two had advanced reasonable grounds to warrant the granting of the stay, noting that the argument put up by the two applicants were not frivolous.
The four ex-Ministers variously face 22 counts of causing financial loss to the state, defrauding by false pretences, conspiracy to deceive public officers, deceit of public officer, misappropriation of public funds, opening an offshore account without authorisation, conspiracy to steal, and stealing.
They have all pleaded not guilty to the charges and the court has granted them self-cognisance bail.
The court on November 29, adjourned the case to yesterday, in view of the pending application at the Court of Appeal at the time.
Source: Times
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