Appeal Court dismisses Abodakpi's application

Accra, Dec. 5, GNA- The Court of Appeal on Wednesday unanimously dismissed an application brought before it by Dan Abodakpi, Member of Parliament for Keta, praying the court to admit fresh evidence into his substantive appeal application against his conviction and sentence. In its unanimous decision, the court described the application as being misplaced because, in its view, there was no merit whatsoever in the application.

The three-member panel chaired by Mr Justice S. E. Kanyoke, with Mr Justice Francis Kusi-Appiah and Mr Justice Yaw Appau as members, contended that fresh evidence which counsel for Abodakpi wanted the court to admit into the substantive application, should have also been available during the trial.

The court was of the view that the fresh evidence, which Mr Tony Lithur, counsel for Abodakpi, wanted the court to admit into his substantive application, was only an allegation.

It also said apart from the evidence not being relevant, it was also not available during the trial of his client.

Counsel alleged that in the course of reading his judgment, Mr Justice Steve Farkye, the trial judge, was interrupted by Mrs Justice Henrietta Abban, who invited him into chambers and asked him to impose a 10-year jail term on Abodakpi instead of the four years the trial judge had in mind.

Mr Justice Appau, who read the court's unanimous decision, stated that both Mr Justice Farkye and Mrs Justice Abban are Appeal Court Judges who always met in the course of their work. Mr Justice Appau said the court wondered why Mrs Justice Abban should have waited until the eleventh hour before inviting her colleague, the trial judge, and whisper into his ears to increase the sentence.

Early in February this year, an Accra Fast Track Court presided over by Mr Justice Farkye, now a retired judge of the Court of Appeal, who tried Abodakpi, convicted and sentenced him to 10 years' imprisonment.

He was found guilty of conspiracy to commit crime and wilfully causing financial loss to the state when, as the then Minister of Trade and Industry, he authorised the payment of 400,000 Dollars from the Trade Investment Project Fund.

Last month, Abodakpi lost an appeal against his sentence at the Court of Appeal, which stated that the record of proceedings of the trial court was not available before it.

Mrs Gertrude Aikins, Acting Director of Public Prosecutions, appeared for the State, while Mr William Addo and Mr Frank Davies represented Mr Justice Farkye and Mrs Justice Abban, respectively. 5 Dec. 07