Court of Appeal to decide mode of Abodakpi's trial

The Court of Appeal would on Thursday 12 December decide whether Daniel Kwasi Abodakpi, former Minister for Trade and Industry, should be tried summarily or by indictment.

The Court faxed the date during its sitting on Monday after hearing both the appellant and the respondent. The Court comprises Justice Omari Sasu, presiding, Justice Bawa Akamba and Justice S.K. Appiah.

On 4 November, Kwabla Senanu, representing Abodakpi asked an Accra Fast Track Court to try his client by indictment, since he might not have fair trial when tried summarily.

Justice Stephen T. Farkye, an Appeal Court Judge, who sat on the case as an additional High Court Judge, dismissed the application and ruled that the court was not empowered to try the offenders by indictment.

Abodakpi and Victor Selormey, former Deputy Finance Minister, are being tried on seven counts of conspiracy to commit crime, defrauding by false pretences and wilfully causing a total loss of 2.73 billion cedis to the State. They have denied all the charges and are currently on self-recognisance bail in the sum of three billion cedis each.

At Monday's sitting, Senanu told the Court that the trial judge at the Fast Track Court erred in law when he ruled that his client should be tried summarily. Counsel said that since the trial would involve calling several witnesses, it would take a long time to complete.

He stated that offences under which his client has been charged are complicated and there is a maximum sentence of 25 years imprisonment on the charge of defrauding by false pretences.

Senanu further argued that when his client is tried summarily documents and other related material would not be made available to his client, but under trial of indictment the appellant could be given documents in advance. "If my client is tried summarily the respondent could spring surprises on us" he added.

Replying, Anthony Gyambiby, a Principal State Attorney, said the decision of the Fast Track Court was right saying the punishment for the offence of causing financial loss and defrauding by false pretences would run concurrently.

Gyambiby said to ensure a fair trial, facts have been read in court, appellant has been given the opportunity to select counsel and has access to documents in respect of the case adding he can subpoena any of the prosecution witnesses when the need arose.

He further stated that the Attorney-General has the right to exercise the power of choice as to try the appellant summarily. The case for the prosecution is that between May and December 2000, the accused persons allegedly transferred 4,000 dollars into the local bank account of Dr Fred Owusu-Boadu, a consultant, through ECOBANK (Ghana) Limited.

The money, whose transfers were authorized by Selormey, was to be used as fees for feasibility studies towards the establishment of the project.