Prosecution's case is discredited- Counsel

Accra Feb. 23, GNA - A counsel in the case in which two Former Ministers of State are being tried for financial malfeasance on Monday said the Prosecution's case against his client was discredited and prayed an Accra Fast Track High Court to dismiss it.

Mr Charles Hayibor, Counsel for Daniel Abodakpi, former Minister of Trade and Industry, told the court that witnesses produced by the Prosecution led conflicting and contradictory evidence in court. He told the court that a prima facie case had not been made against his client that would compel him to open his defence.

Abodakpi and Victor Selormey, former Deputy Minister of Finance, are jointly being tried on seven counts of conspiracy to commit crime, defrauding by false pretences and wilfully causing a total loss of 2.73 billion cedis to the State.

They have denied all the charges, and are currently on self-recognisance bail in the sum of three billion cedis each, before Mr Justice Stephen T. Farkye, an Appeal Court Judge sitting as additional High Court Judge.

Mr Hayibor, who was continuing with a submission of no case, noted that there were conflicts on who appointed Mr Philip Barfour Awuah, an Auditor and a Chartered Accountant, to audit the Trade and Investment Project (TIP).

He said it was the Auditor-General who had power to appoint an auditor. "While Mr Awuah had told the court that the Auditor-General, Mr Edward Agyeman Duah appointed him in March 2001, he (Mr Agyeman Duah) had also admitted that he (Mr Agyeman Duah) was appointed in April 2001," Mr Hayibor said.

"Why should there be conflict on documentary evidence and oral evidence," he asked.

Mr Hayibor said: "In all these, documentary evidence should be taken as the authentic one."

While admitting that there were doubts as to who appointed Mr Awuah, Mr Hayibor stated that it was clear that it was the National Security Co-ordinator's Office that ordered Mr Awuah to commence with the auditing into TIP.

"Evidence of the two witnesses is not reliable because of the legality on who appointed Mr Awuah.

"If it was the Auditor General who appointed Mr Awuah, he would have submitted the audit report to his office and not to the Office of the National Security Co-ordinator."

Mr Hayibor pointed out that a letter from the Ministry of Finance to the Auditor-General, however, indicated that it was Mr Awuah, who was engaged initially to audit the TIP.

Hearing continues on Monday, March 1.