General News of Monday, 10 May 2010

Source: GNA

Accused in GIA cannot access documents-

Accra, May 10, GNA - The state has vehemently opposed the provision of relevant documents to five public officials standing trial in the Ghana International Airlines Saga. In an affidavit in opposition, the state contended that it was not legally right for it to provide relevant documents in a summary trial.

The opposition stemmed from an application put in by three

of the public officials for their defence counsels to be provided

with documents needed in the conduct of a fair trial. When the case was called at the Fast Track High Court,

Mr. Jacob Acquah-Sampson, counsel for Richard Anane, contended that he was provided with an affidavit in opposition filed by Ms. Gertrude Aikins, Director for Public Prosecution (DPP) this morning.

According him, the three counsels for the accused including

him ought to study and file supplementary affidavit if any. Mr. Acquah-Sampson therefore prayed for an adjournment

to enable them respond to the affidavit in opposition. The court therefore obliged and adjourned the matter to

May 17. The five public officials are; Richard Winfred Anane,

former Minister of Transport, Samuel Crabbe, former

Greater Accra Regional Chairman of NPP, Anthony

Akoto-Osei, former Minister of State at the Ministry of

Finance and Economic Planning, Kwadwo Okyere Mpiani,

former Chief of Staff and George Gyan-Baffour, former

Deputy Minister of Finance and Economic Planning. Four other accused persons Ralf Atkins; Kirk Heaton;

Albert Vitali and Brain Brisby, all former directors of GIAL

were not in court. All the accused person have been charged with stealing,

causing financial loss to the State, fraud and deceit of public

officer regarding the roles they played in the formation of

GIAL and the subsequent liquidation of Ghana Airways. Crabbe, who is also President of Unger Oaks Limited,

minority shareholders of GIAL, and Anane have been

additionally charged with wilfully causing financial loss to the

State to the tune of about 4.9 million dollars. Crabbe is being held solely for opening an offshore

account, without authority from the Bank of Ghana,

conspiracy to steal and stealing. Akoto-Osei has six additional charges of wilfully causing

financial loss to the State, fraud and deceit of public officer

and misapplication of public funds. They have all pleaded not guilty to the charges and

admitted to self recognisance bail of GH¢300,000 each by the

court presided over Mr. Justice Bright Mensah. Meanwhile, the Court has excused Anane who is said to be

travelling outside the jurisdiction at the next sitting. At the last sitting, Akoto-Osei, who is also Member of

Parliament of Tafo-Pankrono was excused to travel to

Tanzania, after details had been furnished to the court by the

Clerk of Parliament. Nana Addo Dankwa Akufo-Addo, former New Patriotic

Party (NPP) flag bearer, Professor Mike Ocquaye, Sheik I.C

Quaye, Frema Opare Osei, Dr. Kofi Konadu Apraku, Shirley

Ayorkor Botchway and other party faithfuls were in the court

in solidarity of their colleagues. Prosecuting, Ms. Gertrude Aikins, Director of Public

Prosecutions, said Dr. Anane misrepresented facts on GIAL,

which was then not in existence, to the Cabinet of Former

President John Agyekum Kufuor and misled the then

Government to pay shares into a fraudulent company. She said Dr. Anane's action subsequently led to the

liquidation of Ghana Airways. The prosecution said Dr. Anane declared that four

companies had expressed interest in Ghana Airways and later

presented a letter of intent, which was signed between the

Government of Ghana and GIAL to form a new company

called New Ghana Airways (NGA), although GIAL was at that

time not in existence. Ms. Aikins said the memorandum Dr. Anane presented to

Cabinet to sign was dated September 9, 2004 but GIA was not

in existence at that date. She said although management of PriceWaterhouse

Coopers had rated NGA, which had signed an agreement with

the Government to form GIAL, third after KLM and Ghanair;

two other companies which had submitted their bids to take

over Ghana Airways, NGA won the bid. Ms. Aikins said Mpiani, on June 2, 2005, wrote to the

Chairman of Government Taskforce on Ghana Airways

Limited authorising the taskforce to take all necessary steps

to put the airline into formal liquidation. She said Akoto-Osei signed a loan agreement committing

the Government to a financial obligation of paying GH¢15

million from the Social Security and National Insurance Trust

to GIAL. Ms. Aikins said Dr. Akoto-Osei gave the amount from

SSNIT to GIAL as a loan, without Parliamentary approval

and at a time when the minority shareholders of the airline

had abandoned the company by withdrawing 1.9 million

dollars from GIAL account without the consent of the majority

shareholder=B8 Government of Ghana. She said Mr. Mpiani authorised the release of six million

dollars to GIAL in September 2008 without Parliamentary

approval. According to the prosecution, Crabbe, who represented the

minority shareholders in the company, on June 27, 2005

withdrew 1.9 million dollars from the Government of Ghana's

account, without approval from the Government (the Majority

Shareholder).