Judge threatens to throw out case against Absa Bank staff who allegedly stole GH¢1.2m

An Accra Circuit Court has threatened again to dismiss the alleged GH¢1.2m theft case involving Emmanuel Sakyi Afriyie, a former employee of Absa Bank.

According to a newspaper report by the Chronicle dated July 27, 2023, Her Honour Ellen Ofei-Ayeh who is the presiding judge over the case stated the decision to throw out the case is a result of the prosecution’s failure again to file disclosure which is necessary for the trial to begin.

Since June 26, 2023, the prosecution led by Chief Inspector Isaac Anquandah has not been able to submit the required disclosures, citing the need to amend the charge sheet and brief facts, as well as the referral of the docket to the Attorney-General's (A-G) Department for advice.

After two weeks, the prosecution stated that they had not received any response from the A-G.

As a result, the court gave the prosecution a final ultimatum to file their disclosures by August 3, 2023, or face the possibility of the case being dismissed.

The presiding judge, Ofei-Ayeh, emphasised that although some of the accused individuals were out on bail, the first accused (A1), Emmanuel Sakyi Afriyie, remained on remand, which is an infringement on his right.

The court ordered the prosecution to comply with the disclosure filing deadline and scheduled the case to continue on August 7, 2023.

Since the case was reported and arrest was made, this is the fifth time A1, Emmanuel Sakyi Afriyie, is appearing in court with the last appearance on Friday, July 21, 2023.

Emmanuel (A1), 25 and now a businessman, is standing trial together with Cecil Nyamesem Agyarkwa (A2), Richard Aikins (A3), Michael Tweneboah Oppong (A4), Fouad Mohammed (A5) and Caleb Bandoh (A6).

Others are Nicholas Nii Sai (A9), Nana Kwesi Gyimah (A10), Benjamin Adoari (A11), Boadu Nana Yaw Adjei (A13), Joseph D Anim (A14) and Othniel Amankwah Darkwa (A17).

Clinton Asamoah (A7), Kwame Owusu Buadu (A8), Daniel Osei (A12), Ernest Aryee (A15), and Isaac De-Heer (A16) who are yet to be arrested.

A1 is facing additional charges including forgery of other documents and falsification of accounts, all totalling 13. The rest are answerable to stealing and conspiracy to commit a crime.

The accused persons pleaded not guilty to the offences, and with the exception of A1, have been remanded and granted bail in the sum of GH¢200,000 each, with two sureties who are in gainful employment and earn not less than GH¢2,500 a month.

Meanwhile, July 10, 2023, was the last time the court threatened to strike out the alleged GH¢1.2m criminal case involving a former employee of Absa Bank.

This was because the prosecution failed to update the charge sheet and the brief facts to align with some six other accused persons who willingly submitted themselves to the police in connection to the Absa Bank theft case.

The reason for the delay according to the prosecution was that the dockets were referred to the Attorney-General’s office for advice.

This is the third time the court is giving a warning to the prosecution to do what is right or risk throwing out the case.

NW/OGB
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