Court dismisses two applications

An Accra Fast Track High Court (FTHC) has dismissed two separate applications brought before it by counsel for two of the four accused persons being tried on various charges of corruption.

The applications were filed on behalf of Ralph Casely-Hayford, Engineer, and Sati Dorcas Ocran, member of the 31st December Women's Movement (DWM) by Mr. Heward Mills and Mr. Dominic Ayine, respectively.

The court is trying them jointly with Annie Sherry Ayittey, Director of Finance and Projects of the Movement and Emmanuel Amuzu Agbodo, former boss of the Divestiture Implementation Committee (DIC) for their alleged involvement in corrupt practices in the divestiture of the Ghana Rubber Estates Limited (GREL). All four had pleaded not guilty and each of them is on a self-recognisance bail.

Dismissing the application by Mr. Heward Mills that prayed the court to try Casely-Hayford separately, the trial judge, Mr. Justice J. C. Amonoo-Monney said there was nothing political about the charge preferred against the accused person.

Mr. Justice Amonoo-Monney stated that all the accused persons were being tried not because they were politicians but for alleged involvement in criminal matters. He said the accused persons committed these offences in the course of the same transaction - during the divestiture of GREL, and since the various offences were founded or based on the same facts, Casely-Hayford could not be singled out for a separate trial.

The trial judge stated further that the joint trial of the accused persons could not prejudice Casely-Hayford or any of the others in their defence as counsel wanted the court to believe.

Mr. Justice Amonoo-Monney said the trial was non-political and since a court of competence jurisdiction was handling it, it would ensure that there was no miscarriage of justice against any of the accused persons.

In his preliminary objection, Mr. Ayine submitted that in trying his client, the Attorney - General (A -G) was infringing on her fundamental human rights.

Counsel stated that since the A-G had failed to prosecute Dr Albert Owusu-Barnafo, Consultant, the pivot around who the alleged corrupt practices in connection with GREL's divestiture revolved, his client should be acquitted.

Over-ruling counsel's objection, Mr. Justice Amonoo-Monney, an Appeal Court Judge, sitting as an additional High Court Judge, stated that the trial was a criminal one and that since the A-G had every constitutional right to initiate action against individuals on criminal matters, Ocran could not be acquitted at this initial stage of the trial as submitted by counsel.

The trial judge was of the view, therefore, that since the A-G could prosecute all criminal matters, the court would be denying him those prerogative powers if it stopped him from prosecuting alleged criminals as claimed by counsel.

After dismissing the two applications, Mr. Justice Amonoo-Monney said the trial must take its normal course and consequently adjourned proceedings to Wednesday, January 23 for continuation.