Selormey's counsel insists court accepts CD-rom

There was a long legal tussle between the bench and defence counsel at the Fast Track Court over the tendering of a CD-rom in evidence in the trial of former Deputy Minister of Finance, Victor Selormey for his involvement in the Court's Computerisation Project.

The argument arose when Counsel, Mr Johnny Quashie-Idun wanted to tender the CD-rom through a defence witness, Mr Justice Samuel Brobbey, Judge of the Court of Appeal.

This was after witness had testified that sometime in June 1999, Dr. Frederick Owusu-Boadu, President of Leebda Corporation Limited in the United States, demonstrated how the gadget operated through a lap-top, and on which some legal documents had been recorded.

Counsel asked witness if he could identify the disc and its contents, when a demonstration was done in court, but the presiding judge, Mr Justice Sam G. Baddoo overruled the question, saying in criminal law if an exhibit was not identified it could not be tendered in evidence.

Selormey who has pleaded not guilty to conspiracy, stealing and causing financial loss of 1.3 million dollars to the state is on 500 billion cedis bail.

Mr Justice Baddoo reminded counsel about the testimony of two defence witnesses at an earlier sitting that Dr Boadu had demonstrated a CD-rom to them but that they could not say whether it was the one counsel wanted to tender in evidence.

The judge told counsel that the appropriate person whom the defence could call to tender the gadget in evidence was the one who demonstrated it and knew the contents of the disc.

Apparently not satisfied with the explanation by the judge, Mr Quashie-Idun insisted that the CD-rom be tendered to buttress the claim by the defence that an agreement or contract was made and work had begun on the project.

When counsel's application to tender the gadget was overruled, he told the court that he has filed an application for stay of proceedings pending an appeal against the court's ruling on the CD-rom.

Mr Quashie-Idun said the application, has been slated for hearing on Tuesday, August 14.

Earlier the court dismissed an application by counsel to recall a defence witness, Mr. Sam Awortwi, Commissioner of Police who investigated the case of the accused.

Mr. Justice Baddoo said the witness was extensively cross-examined by the prosecution whether there was any agreement on the project, but he answered in the negative.

The court said there were specific rules for the recall of a witness who had already testified, adding that counsel has not given enough reasons why the witness should be recalled.

Mr. Justice Baddoo said the court has the discretion to allow witness who had testified when it believed that there was a new development to the case.

This, the court said, the defence failed to do.Mr. Quashie-Idun claimed that Mr. Awortwi was in possession of the contract documents, which the police collected from Selormey.

Counsel said he wanted the witness to produce the document to buttress defence's claim that an agreement was made and that work was done on the project.

Hearing continues on Tuesday, August 14.