Defence led no evidence to contradict offence - AG

Accra, July 6, GNA - Mr Joe Ghartey, Attorney-General and Minister of Justice, on Thursday told an Accra Fast Track Court that no evidence was led during the trial to contradict the offences Tsatsu Tsikata, a former Chief Executive of Ghana National Petroleum Corporation (GNPC), was charged with.

He said there was financial loss to the Sate through the commission of the crime by Tsikata.

Mr Ghartey made the statement when he addressed the Court in response to the Defence team's June 23 address to close its case. Tsikata is charged with three counts of wilfully causing financial loss of about 2.3 billion cedis to the State through a loan he, on behalf of the GNPC, guaranteed for Valley Farms. The accused is also charged with misapplying public property. The trial judge, Mrs Justice Henrietta Abban, an Appeal Court Judge sitting as a High Court Judge, has admitted him to a self-recognisance bail. Mr Tsikata has denied the offence.

Mr Ghartey said it could not be denied that GNPC was a public enterprise, established by PNDC Law 64 that stipulated in a clear language, limiting GNPC to petroleum, other than any venture. The Attorney-General stated that the law, empowered the Board of GNPC to consider decisions, like signing a guarantee agreement, which Tsikata, then a Chief Executive, violated and went ahead to sign. He said by the offence the accused led a third party to do business outside petroleum.

He, therefore, contended that the accused was charged with a transaction that he did with a third party.

=93My Lord our submission is that the accused foresaw the loss by his action, but he did not take precaution," he said.

The Attorney-General citing authorities to buttress his submission prayed the court to reject the contention of the Defence that the prosecution had failed to prove the essential element of the offence. "We have successfully proved one aspect of the three counts of causing financial loss to the State," he said.

Mr Ghartey averred that a loss to GNPC was a loss to the State, since "as a statutory corporation, the GNPC belongs to the taxpayer, the State and the people".

He contended that the accused took no steps to ensure that the Corporation would not cause any loss to the State. The Attorney-General said the accused did not commit any crime in 1991, but did so in 1996.

He said the Prosecution was worried about the manner in which the accused made certain huge payments. He said the first payment was made in October; the second payment was also made in November; while the third payment was made in December, all in 1996.

Mr Ghartey argued that if there had been any reasonable and precautionary measures in the deal, Tsikata's action would not have caused any financial loss to the State of Ghana.

The Defence had earlier told the court that on the basis of evidence before it, none of ingredients of the offences, however defined, was established and that the Prosecution had woefully failed to discharge the burden of proof.

The Defence, therefore, called on the FTC to acquit Tsikata, because the Prosecution had failed to prove the charges levelled against him.

The Defence argued that the Prosecution was engaged in sheer travesty of justice.

Other members of the prosecution team were Madam Gertrude Aikins, Principal State Attorney; Mr Augustines Obour, State Attorney and two Assistant Attorneys, while Prof. Emmanuel V.O. Dankwa (Leading Counsel) and Major Rowland S. Agbenato(rtd) are appearing for the accused. Proceedings were adjourned to July 7 for the continuation of the address.