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General News of Thursday, 19 April 2007

Source: GNA

Court quashes Abodakpi's bail application

Accra, April 19, GNA - A Fast Track High Court (FTC)in Accra on Thursday struck out an application filed by Daniel Kwasi Abodakpi, a former Minister of Trade and Industry, which prayed the court to admit him to a bail pending an appeal against his 10-year jail term. Abodakpi who is also a sitting Member of Parliament (MP) for Keta was convicted and sentenced on February 5, this year, when the FTC found him guilty of seven counts of conspiracy and wilfully causing 2.73 billion cedis financial loss to the State

The convict was standing trial with Victor Selormey (Deceased), Former Deputy Finance Minister. The trial lasted for 29 months. Giving grounds for refusing the application, Mr. Justice S.T. Farkye, an Appeals Court Judge sitting with additional responsibility as a High Court Judge, explained that the application for the bail was unmeritorious.

Mr. Justice Farkye said Abodakpi requested that the amount in question be duly transferred into the account of Dr. Fredrick Owusu-Boadu, a Consultant, at ECOBANK, Ghana.

He stated: "It is not true that the entire family of the applicant is in Ghana". It came out during the trial that five of his daughters were resident in America.

The judge contended that there could be no delay in the appeal, since both parties obtained the judgement on February 5. He asserted that Abodakpi was convicted and sentenced upon sufficient evidence adduced in the court, adding: "So no unusual circumstance arises for a bail to be granted".

Mr. Justice Farkye also noted that as MP, he was not above the law, and that if MPs went contrary to the law, they must be punished.

Ms Gertrude Aikins, Acting Director for Public Prosecution (DPP), had earlier argued that the jail term imposed on Abodakpi, was legal and as such his application for bail pending appeal should not be considered.

Opposing a motion in respect of the bail application Ms Aikins again stated that no one was above the law and the assertion of Abodakpi's Counsel that his client was a sitting MP and therefore, should be considered on special grounds should not be entertained. According to her, there was evidence of guilt, which aided the court to come to that conclusion.

Mr. Charles Hayibor, Counsel for Abodakpi, stated: "We are of the humble view that the Appellant Court would take a second look at the judgment, as we know that the sentence would be reduced." Abodakpi was dressed in white up-and-down and looked cheerful in the packed court.

The facts of the case were that, between May and December 2000, Abodapki and the late Victor Selormey, former Deputy Minister of Finance, allegedly transferred 400,000 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 a Science and Technology Valley Park Farm Project.

The project contract was to have been witnessed by the legal officers at the Ministry of Trade and Industry or the Attorney General's Department, but this was not done.

The transfers had no official correspondence between Dr Owusu-Boadu and either the Ministry of Finance or the Ministry of Trade and Industry.

The prosecution said both Abodakpi and the consultant signed what was purported to be a contract but there was no witness and the contract document was not initialled page by page as required.

The contract lacked the detailed information required in a feasibility study, such as market analysis, financial projections and analysis to determine the financial viability and risk analysis of the project, the prosecution said.

It said there was the highly irregular use of letterheads from a Texas University, with bills amounting to 400,000 dollars when the University was not a party to the contract.