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General News of Wednesday, 26 November 2003

Source: Ivy Benson (Chronicle)

?90m BoG case: Accused moves for out of court deal

THE First Accused person in the case of the ?982,335,000 loss at the Kumasi office of the Bank of Ghana (BoG), Janet Gyimah Kessie is negotiating with the Attorney General (AG) to pay reparation to the state in lieu of trial, the High Court hearing the case, was told yesterday.

Counsel for the accused person, Mr. E. Afrifa, is seeking that his client pays reparation to the state in respect of the count of stealing preferred against her, based on section 35 of the courts’ Acts.

The Principal State Attorney, Mr. Anthony Gyambiby told the court, presided over by Justice Margaret Insaidoo, that counsel for Kessie, former regional manager of the bank, had met with the attorney general over the offer but they were yet to arrive at a negotiable point.

Mr. Gyambiby said the two parties were to meet again.

Kessie was charged together with Simon Quist Yaw Kwadje, former Issue manager and Samuel Ellis-Obir, former Banking manager, both of the BoG, Kumasi, on four counts of stealing, abetment, conspiracy and willfully causing financial loss to the state.

They pleaded not guilty to all charges and are on self-recognisance bail.

According to the principal state attorney, the three accused persons conspired to steal the amount.

The loss was detected following a report that there were financial malpractices and irregularities at the Kumasi office of the BoG as a result of which the management of the bank ordered immediate investigations.

The prosecution said a subsequent investigation by the Internal Audit Department in collaboration with the security and investigations department into the allegation, confirmed the loss of a total amount of ?982,335,000 in the accounts of the bank.

Mr. Gyambiby said, the investigations revealed that it was a scheme initiated by the first accused, Kessie with the connivance of the second accused Quist and Ellis-Obir, third accused, as far back as August 1997, where various sums of money were dishonestly appropriated through the vault of the bank.

Explaining how the scheme worked, the principal state attorney indicated that any time the regional manager wanted money for herself, she instructed the Issues manager to issue whatever amount she wanted through the banking manager, who in turn passed it on to her.

The scheme was so perfectly operated that it was difficult for it to be detected but after investigations, it came to light that Kessie managed to ensure that she kept no records whatsoever on the fraudulent transaction.

He told the court that in order to ensure a balanced banking account at the end of the period, the issue manager normally informed the banking manager that the regional manager had already returned the money and banking was accordingly given credit in the vault.

The loss, Mr. Gyambiby noted, was detected upon a cash count by the audit team and a committee was set up thereafter by the management to investigate the matter further.

Prosecution said management of the bank reported the matter to the Bureau of National Investigations (BNI).

The court adjourned sitting to December 3, pending a decision by the attorney general.

Second accused, Simon Quist Yaw Kwadje is being represented by Mr. Nelson Agbesi, while third accused Samuel Ellis-Obir, is represented by Mr. Kwabena Konadu Yiadom.