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General News of Tuesday, 18 November 2003

Source: GNA

Overrule Defence Counsel's submissions of "no case" - DPP

Accra, Nov 18, GNA - Mr Osafo Sampong, Director of Public Prosecutions (DPP) on Tuesday prayed an Accra Fast Track Court hearing the Ghana Rubber Estates Limited (GREL) divestiture case to overrule submissions "of no case" made on behalf of the four accused persons by their Counsel.

This was when he took the floor to respond to the submissions of "no case" made by Defence Counsel on behalf of their clients.

Mr Sampong submitted that the Prosecution had been able to prove its case beyond all reasonable doubts, and established a "prima facie" case against the accused persons.

The DPP, therefore, prayed the court to invite the accused persons, who were facing trial for their alleged involvement in corruption during the privatisation of GREL, to open their defence.

The four are Hanny Sherry Ayittey, Treasurer of the 31st December Women's Movement (DWM), Emmanuel Amuzu Agbodo, former Executive Secretary of the Divestiture Implementation Committee (DIC), Ralph Casely-Hayford, Businessman and Sati Dorcas Ocran, Housewife.

They have all denied their various charges, and the trial judge, Mr Justice J. C. Amonoo-Monney, Appeal Court Judge with an additional responsibility on the matter as a High Court Judge, had admitted them to bail in their own recognisance.

Mr Sampong pointed out that it was not automatic that Defence Counsel could just make submissions of "no case" after the Prosecution had rested its case.

The DPP was of the view that Defence Counsel ought to first satisfy certain ingredients before they could go on with their submissions of "no case" in favour of their clients.

Mr Sampong told the court that there was ample evidence by some of the Prosecution Witnesses that, Ayittey, for instance, used her position as a Board Member of the DIC, and used various sums of money she took from the Management of GREL to influence the Board's decisions.

Concluding his submission earlier, Mr Tony Lithur, Counsel for Ocran, stated that his client, in her caution statement to the Police, insisted that the 20 million cedis allegedly given to her was a funeral donation on the death of her mother in October 1996.

Mr Lithur pointed out that it was surprising that throughout proceedings, no witness from the Prosecution side had been able to demonstrate the dynamics that went into the divestiture of GREL.

"I find it extremely unfortunate that my client has been arraigned by the State machinery for prosecution," Counsel submitted. Further hearing of the case has been fixed for Thursday, November 20.