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General News of Tuesday, 24 September 2002

Source: GNA

Acquit Hajia Baby Ocansey - Counsel

Mr G.D.A. Laryea, Counsel for Amina Abubakari-Sadiq, popularly known as Baby Ocansey, on Monday told an Accra Regional Tribunal to acquit his client on all the four charges preferred against her.

Mr Laryea contended that the prosecution had woefully failed to prove beyond reasonable doubt, its case against his client. Counsel, who was addressing the three-member tribunal, chaired by Mr. Isaac Duose, said that there was not enough evidence adduced by the prosecution to warrant Ocansey's trial by the tribunal.

He, therefore, prayed the tribunal to acquit his client on all the four charges of possessing forged documents, altering forged documents, stealing, and causing financial loss to the state. Mr. Laryea pleaded with the tribunal that if his client was exonerated, an order should be made to restore her confiscated house and impounded vehicles.

Harping on possessing forged documents, counsel told the tribunal that since his client was not the author of the cheque, the subject matter of her trial, she could not know that it was forged. Counsel said on the totality of evidence before the tribunal, there was not a single evidence to show that accused knew or had reason to know that the document was a forged one.

On the question of altering forged documents, counsel said that three of the prosecution witnesses, who were officials of the Bank of Ghana, admitted that they could not see anything wrong with the cheque that Ocansey presented.

According to counsel, his client did not steal the money in question because after presenting the cheque, the accused did not in any way influence any of the bank officials in its clearance, and that it was the officials, who invited her five weeks later to cash part of the money.

On the fourth charge of causing financial loss to the state, counsel submitted that there was nothing to show that the cheque was her personal cheque adding, "if the charge of stealing failed, that of causing financial loss to the state should also fail".

Earlier, Mr Gabriel Puamang, a legal practitioner, and a defence witness, had told the tribunal that in connection with this case, sometime in February 2000; he received a telephone call from the accused, who told him that she had a case with the police and that she could not make herself available at that time.

Mr. Puamang, who was led in evidence by Mr Laryea said Ocansey told him that with a change in the administration of the country, she was going to turn herself to the law enforcement authority and that she needed a lawyer to accompany her and therefore, asked if he could lead her.

According to him, he thought about it and replied that it was not going to be appropriate to handle it and so he suggested that she should find someone to do so.

He said when he asked if she had a lawyer in mind, she replied that someone mentioned Mr Nkrabea Effah-Dartey to her, adding, "I said Mr Effah- Dartey was competent enough to deal with the matter".

Witness said that he managed to get the contact address for Ocansey, and that he put them into contact, saying, "I did not know whatever transpired between them". The case was adjourned to Thursday, September 26, when the prosecution would address the tribunal.