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Not even the payment of $30,000 in the alleged fraud case involving the Member of Parliament for Sene in the Brong Ahafo region, Felix Twumasi-Appiah, could extricate him and his alleged accomplice, Juan Carlos, from the jaws of the law, as the prosecutor in the case, ASP Adrian Dery, tightens the noose around the MP’s neck, saying the total money involved in the suspected fraudulent deal was $65,000.
The prosecutor told the Accra Circuit Court presided over by D.E.K. Daketsey that even though the MP had settled the $30,000 to the Spanish businessman Juan Francisco Osorio Lozano, the total amount involved was about $65,000.
This was after Joshua Nimako, counsel for the embattled MP and Juan Carlos, another Spanish national, had told the court that once the money had been paid by the MP, the passport of the MP’s accomplice,
Juan Carlos, should be returned to him.
Twumasi Appiah was said to have also withdrawn money from the account of Francisco Lozano after he was given blank cheques by the Spanish businessman.
ASP Dery prayed the court not to hand back the passport of the Spanish national to him as the matter was not completely settled.
He contended that because the man did not live within jurisdiction, if his passport was released to him, he could leave the country.
He said despite his plea, Carlos had petitioned President John Evans Atta Mills, and the Ghana Police Service among others, over the case.
The prosecution's assertion did not go down well with Mr Nimako who contended that the pronouncement was going to prejudice the court’s decision.
Both the defense counsel and prosecutor declined to sit as tempers were high. It took the intervention of the trial judge to calm them down.
In the case of Carlos, Mr Nimako recounted the hardship that his client was going through.
He prayed the court to release his passport to enable him visit his family and return by the next adjourned date.
Counsel said at the moment, Carlos was finding it difficult to pay his hotel bills and had received a message from his wife that his child was suffering from pneumonia.
He said considering the sureties, there was no way the accused would abscond. Counsel informed the court that the $30,000 had been deposited with the Police.
The court however turned down the pleas of Mr Nimako for the release of the passport.
He also told the court that the MP was indisposed; hence his inability to remain in court, saying that his absence was not out of disrespect.
The case was subsequently adjourned to May 24, 2010.
Twumasi-Appiah is alleged to have misrepresented himself and succeeded in fraudulently causing the police to release $30,000, meant for Francisco Lozano, to Juan Carlos, without the consent of Lozano.
The court is yet to take pleas of the accused persons who were charged with conspiracy, defrauding by false pretences and stealing.
The MP was admitted to a GH¢100,000 self-recognizance bail while Carlos is on GH¢150,000 bail with three sureties to justify.
Mr Nimako told the court at the previous hearing that there were new developments in the case as efforts were being made by his client to settle the amount involved, adding that “by the next adjourned date, the matter would be put to rest”.
The prosecutor said if one aspect of the case was being settled, it did not mean the end of the case, since there were other aspects which were not brought up in court.
Presenting the provisional facts of the case, the prosecutor told the court that the complainant, Juan Francisco Lozano, is a Spanish businessman who was on a visit to Ghana to transact business, while the first accused Juan Carlos is also a businessman, with the second accused person being the MP for Sene.
He said in March 2010, a certain Nana Kwame Donkor, another businessman had a transaction with Mr Lozano to supply him with gold worth $160,000 in three tranches.
However after two supplies, Nana Donkor was unable to supply the third tranche of gold and therefore promised to refund the remaining amount to the complainant.
According to the prosecutor, Nana Donkor contacted the MP to help in the transfer of the money back to the complainant in installments since it was not possible to transfer the amount in cash through the banks; and two blank cheques were signed and left with Twumasi-Appiah so he will facilitate the transfer.
In addition, Nana Donkor paid $30,000 as part payment to the police for the money to be given to the complainant.
Furthermore, the prosecutor said, the MP got his alleged accomplice to go to the Unit Commander of the Commercial Crime Unit, Supt Yaa Tiwaa Danso where Carlos claimed that Mr Lozano was sick and could not come to Ghana and therefore instructed him to collect the money on his behalf.
He noted that it was only later after contacting Nana Donkor about the remaining money that the complainant was told that the money had been given to the police to be given to him.
Prosecution said with the Sene MP in the frontline, the Police did not suspect any foul play and subsequently released the money to Carlos, only for the businessman to show up later, demanding for the money.
Explaining further, he said Lozano contacted the police and was told the money had been sent to him through his friend Carlos. But he told the police that he had not directed anybody to collect the money for him, hence the arrest of Twumasi Appiah who had led the other suspect to collect the money.
Source: Daily Guide
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