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General News of Saturday, 22 December 2001

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Judge Declines To Sit On Quality Grain Case

The Court of Appeal, on Friday adjourned "sine die" the Quality Grain trial following the refusal by the President of the three-member panel, Mr. Justice S. A. Brobbey, to hear a motion filed by Kwame Peprah, former Finance Minister and three others.
Mr. Justice Brobbey said he was familiar with two of the applicants, Nana Ato Dadzie and Dr George Yankey, both former senior public officials, and in fairness to them and the respondents he would withdraw from the panel for it to be reconstituted.
The court, therefore, adjourned "sine die" for both parties to contact the registry for the next hearing date. The other two judges were Mr. Justice B. T. Aryeteey and Mr. Justice Owusu Ansah. s
The applicants and Ibrahim Adam, former Minister of Food and Agriculture, had appealed against a ruling of the Fast Track Court (FTC) not to grant them stay of proceedings pending an appeal against another ruling of the court.
The FTC, which is trying the applicants for conspiring and wilfully causing financial loss to the state, overruled an application of "no case" by the defence because a "prima facie" case had been established against them.
When the court, therefore, asked the applicants to open their defence they appealed against the ruling and applied for the stay of proceedings, pending the determination of the appeal. The FTC dismissed the application and the applicants filed the motion urging the Court of Appeal to stay proceedings at the lower court.