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General News of Monday, 30 November 1998

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Tribunal to rule on "no case" submission

Accra (Greater Accra), 30 Nov. '98 A Regional Tribunal in Accra will on December Three give a ruling as to whether or not a prima facie case has been made against two police bodyguards accused of stealing 100 million cedis from the residence of Dr Obed Asamoah, Attorney-General and Minister of Justice. Mr Justice Isaac Douse, chairman of the tribunal, announced this last Friday after the prosecution ended its submissions in response to a submission of ''no-case'' by the defence. Mr Anthony Gyambiby, Senior State Attorney, submitted that the prosecution has produced abundant evidence, for the two policemen to answer the charges of conspiracy and stealing. Last week, attorney for the accused, Mr Nkrabea Effa Darteh, urged the tribunal to acquit and discharge his clients, Constable Fedelis Kwame Yebbi and Corporal Anthony Avalifo, because the prosecution had failed to produce any factual evidence against them. Yebbi and Avalifo have pleaded not guilty and are each on a 100 million cedis bail. Mr Gyambiby said there is enough factual and circumstantial evidence, which establish the offence against the accused. The prosecutor said between January 1990 and June 1997, the period the accused joined the Police Service until the time they committed the offence, Yebbi's total net salary was 5,916,623 cedis and 22 pesewas, while Avalifo's was 7,691,486 and 46 pesewas. Mr Gyambiby said but between September 1996 and April 1997, Yebbi made several deposits to the tune of 55 million cedis with his bankers, while Avalifo made 12 million cedis deposits for the the same period. Besides, there is "unchallenged" evidence that the two accused have put up buildings and have landed properties at different places in the Volta Region and Accra, as well as vehicles. The prosecutor said pieces of evidence against the accused are so "overwhelming" that they should be asked to open their defence.