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General News of Friday, 27 July 2001

Source: GNA

Dr Boadu Fails To Show Up

Dr Fredrick Owusu Boadu, President of the Leebda Corporation Limited in Texas, US, a key personality in the Court Computerisation case, failed to appear before the Fast Track Court in Accra to give evidence for the defence.

He would have given evidence for Victor Selormey, former Deputy Finance Minister, who is accused of having conspired with him (Dr Boadu) to fraudulently cause the loss of 1.3 million cedis to the state.

The former deputy minister has pleaded not guilty to conspiracy, defrauding by false pretence and willfully causing financial loss to the state.

He has been granted 1.5 billion cedis bail with two sureties to be justified.

Dr Boadu or a representative of Leebda Corporation was to tender in evidence documents which include attachments to a letter to the Inspector General of Police (IGP).

Bram Larbi and Beecham, the law firm that represented Leebda Corporation in Ghana during investigations conducted by the police into the case, wrote the letter on behalf of Leebda Corporation.

Defence Counsel led by Mr John B. Quarshie-Idun told the court presided by Mr Justice Sam G. Baddoo, an Appeal Court Judge sitting as a High Court Judge, that "the documents speak for themselves, and that the law allows that they are admitted in evidence."

Other members of the defence team are Mr. Barimah Manu and Mr. Kwaku Baah.

The prosecution is represented by Ms Gloria Afua Akuffo, Deputy Attorney General and Mr Osafo Sampong, Director of Public Prosecution.

Mr Quarshie-Idun said the defence has a genuine problem, saying a message was received from Texas that due to the homecoming summit, all flights were fully booked and it became difficult for his client to come down to Ghana.

He added: "Much as the spirit of Dr Boadu may be willing to come to Ghana, the physical body may not be willing."

Mr Quarshie-Idun said when a document is produced and rejected by the court, it should be considered that the document was tendered and rejected, adding that the document was one of those that the defence had to tender to prove its case.

He said in as much as the defence appreciates the dispensation of justice by the Fast Track Court, it should not sacrifice justice at the alter of speed.

The court granted an application by Mr. Quarshie-Idun for a two-week adjournment to give the defence another chance for Dr Boadu to come and give evidence.

This was after counsel had agreed to withdraw two motions for stay of prosecution and appeal against the court's refusal to accept in evidence the document tendered by Dr Boadu's legal representatives in Ghana.

Reacting to the motions Deputy Attorney-General, Ms Akuffo said though the prosecution did not receive a copy of the "stay of prosecution," it was ready to "reply in law."

Ms Akuffo said the prosecution was prepared to accept the adjournment if the defence would withdraw the "stay of prosecution" and subject to the court's convenience.

She, however, reminded the court of the legal vacation, and said the trial could not be adjourned beyond two weeks.

The order for Dr Boadu to appear came when the court ruled that Mr. Sam Awortwi, Commissioner of Police, who represented the Inspector General of Police (IGP), could not answer questions on the exhibit which he was to tender.

It said since there was no one else present when the accused signed the contract it was only Selormey or Dr Boadu who could tender it in evidence.

The court noted that since the start of the trial on July 8, the defence had had sufficient time to put its house in order and to arrange to bring such a vital witness to testify in the case.

In granting the request for adjournment Justice Baddoo advised counsel not to go through the back of the legal door in future to make applications when it had genuine problems.