The former Chief Executive Officer of the Ghana Infrastructure Investment Fund (GIIF), Solomon Asamoah, and former Board Chairman, Prof Christopher Ameyaw-Akumfi, have filed their respective defences in the two million US dollars SkyTrain case after their attempts to have the trial dismissed failed at the Court of Appeal and the Supreme Court.

The two are facing charges over the alleged authorisation of a two million US dollars payment to a South African company for the SkyTrain project without prior approval from the GIIF Board.

Asamoah had earlier filed an application at the Supreme Court seeking an interlocutory injunction to halt his trial and quash the High Court’s decision dismissing his submission of no case to answer.

On August 31, Justice Senyo Dzamefe, sitting as a single judge of the Supreme Court, dismissed the application, holding that it failed to disclose a serious case to be tried.

The Judge said the matters raised by Asamoah were issues for determination on appeal, adding that the High Court’s ruling on the submission of no case to answer fell within its jurisdiction.

On July 2, the High Court dismissed the accused persons’ submissions of no case to answer and directed them to file their respective defences within 21 days.

However, neither accused filed a defence within the stipulated period. On July 30, the court granted them a further 21 days to comply.

The case was subsequently adjourned to August 24 for a case management conference, but the accused again failed to file their defences. The court consequently granted a final extension until September 23.

The prosecution’s case is that the SkyTrain project was not approved by the GIIF Board, which is responsible for the Fund’s actions, omissions and liabilities.

The two accused persons are facing six counts, including conspiracy to commit crime, namely wilfully causing financial loss to the Republic, and individual charges of wilfully causing financial loss.

They are also charged with conspiracy to commit crime, namely intentional dissipation of public funds, and individual counts of intentional dissipation of public funds. Both have pleaded not guilty.

Led by the Deputy Attorney-General, Dr Justice Srem-Sai, the prosecution called three witnesses.

A former GIIF Board member, Yaw Odame-Darkwa, testified that the Board did not approve the transaction. Former Board Secretary, Kofi Boakye, gave similar evidence, while National Intelligence Bureau investigator Francis Aboagye corroborated their testimonies.

However, counsel for the accused, Victoria Barth and Yaw Acheampong Boafo, argued that the prosecution had failed to establish a prima facie case.

Barth argued that the two million US dollars was an equity investment for a 10 per cent stake in the project’s Special Purpose Vehicle and not dissipated funds.

Boafo, representing Prof Ameyaw-Akumfi, similarly argued that the prosecution had failed to establish the relevant offences against his client and that its evidence had been weakened during cross-examination.