Defence Counsel's objection over-ruled

An Accra Fast Track Court hearing the Ghana Rubber Estates Limited (GREL) divestiture case on Tuesday over-ruled an objection by defence counsel against the eligibility of a prosecution witness to testify in the case.

At the court's last sitting on Tuesday 28 January David Lamptey, the defence counsel, objected to a police forensic expert giving evidence, because the court did not invite him to do so.

On 20 January Superintendent Alhaji Bukari Yakubu, handwriting expert, and the sixth prosecution witness in the case tendered in evidence a two-page chart of forensic tests he conducted on the handwritings of Hanny Sherry Ayittey, one of the four accused persons on trial, Dr Albert Owusu-Barnafo, third prosecution witness, and Madam Georgina Okaitey, member of the 31st December Women's Movement.

The three other accused persons are Emmanuel Amuzu Agbodo, former Executive Secretary of the Divestiture Implementation Committee, Ralph Casely-Hayford, businessman and Sati Dorcas Ocran, housewife.

They are being tried on various charges of bribery and corruption in connection with the privatisation of GREL. All of them have denied their charges and are on self-recognisance bail.

The tests which were at the instance of the investigator in the case, was to ascertain which of the three persons was the author of a hand-written address which was the bone of contention in court.

Over-ruling the objection, Justice J C Amonoo-Monney, Appeal Court Judge, with an additional responsibility on the case as a High Court Judge stated that in his candid opinion, the evidence of Supt Yakubu was very relevant to the case.

Justice Amonoo-Monney said, "A person is qualified to testify as an expert if he satisfies the court that the evidence he is going to give will be relevant to the issue at stake".

He dismissed counsel's assertion that a court expert might testify if only subpoenaed to do so by the court, and pointed out that, rather, any party to a suit might call in an expert with skills, expertise and proficiency, not necessarily ordered by a trial court to give evidence.

Immediately after the ruling, Supt Yakubu was put into the witness box to continue with his evidence-in-chief. Led by Mr Osafo Sampong, Director of Public Prosecutions (DPP), witness tendered the original report on the tests he carried out.

Lamptey again objected to the document, because in his view, it was only a photocopy signed by the witness. The trial judge dismissed defence counsel's objection and admitted the report in evidence.

Using a comparison chart, witness then demonstrated to the court how he carried out his assignment after which proceedings were adjourned to Wednesday, 5 February.