Mallam Isa appeals against conviction

Former Youth and Sports Minister, Mallam Yusuf Isa who was convicted by a Fast Track Court for the loss of 46,000 dollars, being winning bonus for the senior national soccer team, has appealed against the judgement.

In a seven-point appeal filed at the Court of Appeal by his counsel, Mr Ambrose Dery, the former minister said the trial judge erred in law when he decided that the circumstantial evidence adduced by the prosecution "led irresistibly to his guilt."

"The said evidence is not compatible with any other rational inference although there is copious evidence to support rational inferences, inter alia, that the accused was set up by witnesses who were aggrieved by accused person's vigilance and/or anti-corruption stance or that the said 46,000 dollars got lost in transit."

The court presided over by Mr Justice Julius Ansah, an Appeal Court Judge, who sat as an additional High Court Judge, found Mallam Isa guilty on three charges of stealing, dishonestly appropriating 46,000 dollars and fraudulently causing the loss of the money.

He was found guilty on all charges and sentenced to four years imprisonment, fined 10 million cedis or in default an additional 12 months in jail.

The court further ordered him to refund the 46,000 dollars or serve another two years in default. Mallam Isa was given 30 days within which he could appeal against his sentence.

The former minister's appeal stated further that the trial judge erred in law when he held that "there is direct evidence that the accused dishonestly appropriated the 46,000 dollars when there is no direct evidence whatsoever to that effect."

It said his conviction on the offences of stealing contrary to Section 124 (1) of the Criminal Code, 1960 Act 29 and fraudulently causing financial loss to the State contrary to Section 179 A (3) of the Criminal Code, 1960 of that same Act, "cannot be supported having regard to the evidence."

Mallam Isa also stated that the trial judge erred in law when he held that is ex-bodyguard, a serving police officer who was present on February 23 when accused left for Sudan is not a vital witness.

Again the judge erred when he held that the evidence of the first and the second prosecution witnesses "is credible and that the prosecution had discharged its burden of proof "namely, proof beyond reasonable doubt when there are several doubts raised in the evidence."

President John Agyekum Kufuor nominated Mallam Isa as Minister of Youth and

Sports on January 25 and Parliament approved the nomination on February 15.

Exactly one month later, the Despatch newspaper reported the loss of the 46,000 dollars being winning bonuses for players of the national soccer team, the Black Stars, during their World Cup qualifying match played in the Sudan.

On that same day, the government issued a statement that the minister had resigned over the missing money.

On March 18, Parliament called for a probe into the missing money and the following day, a committee was set up to probe the matter. he committee presented its report to the Attorney-General (A-G) a month later and on April 20 the A-G ordered the prosecution of Mallam Isa. The trial started at the Fast Track Court on May 7.