Attorney-General to testify in Nana Konadu case

Accra, June 13, GNA - An Accra Fast Track High Court on Monday ordered its Registrar to serve the Attorney-General to enable him to appear before it in respect of a libel suit filed against the "Daily Guide" newspaper by Nana Konadu Agyeman Rawlings, Former First Lady. This was after Mr Godfred Dame Yeboah, Counsel for the Defendants, had brought his witness Mr Edward Duah Agyeman, Auditor-General, to testify in the case.

He indicated that he was left with the Attorney-General to testify but would need an order of the Court.

The Court presided over by Mrs Iris Brown ordered that the Registrar should serve the A-G by the close of work on Monday to enable him to appear on June 14.

Earlier, the Auditor-General continued to answer questions under cross-examination by Mr Tony Lithur, Plaintiff's Counsel.

Mrs Rawlings has sued the "Daily Guide", Mrs Gina Blay, Editor and Mr Ato Sam, alias Baby Ansabah, Deputy Editor, both of the Newspaper and Western Publications, publishers of the "Daily Guide" for libel. The Newspaper, in its Wednesday, July 6, 2005, edition published a story titled, "Milking the Sacred Cow - Konadu owes 2.8 billion to the State."

Mr Dua-Agyeman denied mentioning in his recommendations that Mrs Rawlings owed the Government.

Mr Dua-Agyeman, who is also a Defence Witness, said in the report he indicated that the Directors of Carridem Development Company (CDC) owed the State.

He said soon after preparing the report personally, he referred the matter to the Police for further investigations and recommended that Mr Kwame Peprah, Former Finance Minister; Mrs Rawlings and Mr Emmanuel Agbodo be held for causing financial loss to the State.

In addition, Mr Larry Adjetey, George Mould, Sherry Ayittey and Georgina Okaitey should also be held liable.

Tendering a letter written to the Attorney-General in respect of the publication, Mr Dua-Agyeman said he was aware that some companies were indebted to the Trade and Investment Project (TIP).

He said the letter was copied not to the Attorney-General alone but also to the Director in Charge of Legal Affairs, Audit Service. He said he could not tell how the report leaked.

When asked which companies owed under TIP, Mr Dua-Agyeman mentioned the Former Deputy Minister of Finance, Victor Selormey and Mr Daniel Abodakpi, Former Minister of Trade.

When Defence Counsel insisted that he was not interested in public officials, Mr Dua-Agyeman said: "None of the companies have been referred to me as yet."

The Auditor-General admitted that CDC applied for a loan facility at ECOBANK adding, "the disbursement of the fund through ECOBANK was authorised".

He said he was not aware that CDC after its initial production had 14,000 dollars in its account.

Defence Counsel (DC): The required payment of the loan was within an 18-month period?

Defence Witness (DW): Yes

DC: You are aware that the final payment of the purchase price was conditional to the Sales and Purchase Agreement?

DW: My Lord I am not aware.

DC: Was it the Divestiture Implementation Committee (DIC) which drafted the Sales and Purchase Agreement?

DW: Yes, My Lord.

DC: What was wrong with the Sales and Purchase Agreement?

DW: The DIC did not follow the right procedure.

DC: What was the right procedure?

DW: Whenever the purchaser accepts the offer and value, it ought to be sent to the DIC and referred to the Office of the President for approval.

The Former First Lady in her November 23, 2005 suit demanded general damages including aggravated and/or exemplary damages for libel in respect of the words published by the Defendants on the front page of the July 6, 2005 edition of the paper.

She is further praying the Court to restrain the Defendants from further publishing similar or other libellous statements or stories about her.

Defendants in their statement of defence contended that the words together with the story that followed them were fair comments on matters of public interest.