Court overrules Asabee & Co
By Ivy Benson
A request, by defense counsel in the trial of former Minister of Information and National Orientation Stephen Asamoah-Boateng and eight others over procurement irregularities, that a prosecutions witness before the Fast Track Court (FTC) should be charged for engaging in a criminal act, has been dismissed.
The court, presided over by Justice Charles Quist, threw out the application yesterday, indicating that the request of the defense did not fly in the eyes of the law.
According to him, the Attorney-General had the discretionary power to prosecute accused persons, and this power is deemed to be candid, fair, unbiased, and in accordance with due process of the law, based on the facts of the case.
In this regard, the court declined to heed the defense counsel's demand of referring the extent of the use of discretionary powers of the Attorney-General in prosecuting accused persons to the Supreme Court.
The court pointed out that the issue raised about the use of discretionary powers of the Attorney-General in the Constitution was clear and unambiguous.
Additionally, the court noted that the prosecution witness, Godwin Mawuena Agbesi, was an accomplice, following evidence he had so far provided to the court, however, it would be mindful of such evidence if it was not corroborated.
Furthermore, it was the view of the court to allow the case to continue, since the witness was still under cross-examination till the end of the case, where it could make findings of facts, adding that ordering for the witness to be charged, would amount to usurping the functions and powers of the Attorney-General.
It, therefore, ordered the continuation of cross-examination by defense counsel.
Meanwhile, sitting was adjourned to November 29, this year, following the unavailability of Nene Amegatcher, one of the defense counsels, who, at the last adjourned date, had commenced his examination of the prosecution witness.
The accused persons are standing trial for alleged impropriety in renovation works at the Information Ministry in 2008.
Godwin Mawuena Agbesi, who was then a marketing officer at Supreme Procurement Agency, a company owned by Prosper Arku, an accused person in the case, in cross-examination before the Fast Track Court (FTC) noted that he had realised that he had committed a criminal offence by signing an Architect/Engineers Certificate dated November 10, 2008 as a quantity surveyor, while he was not.
According to him, his boss, Mr. Arku, through a telephone conversation, instructed him and guided him through the procedures to formulate the document, after which he ordered him to sign the document and send it to him in his house.
The [rosecution witness observed that as at the time he was getting the instructions from his boss, it never occurred to him that he was committing any offence until he was invited to the Bureau of National Investigations (BNI) for interrogation.
It was this confession of the witness, under cross-examination by Nene Amegatcher, that caused the defense counsel to call on the court to order his prosecution.
However, Chief State Attorney Mr. Anthony Gyambiby argued that the Attorney General had the discretionary powers to determine who to prosecute and who to use as witnesses in criminal prosecutions.
He had further espoused that the court could only recommend prosecution of the witness, but the decision lay in the bosom of the Attorney-General to prosecute or not.
Also in the dock is Zuleika Asamoah-Boateng, wife of the former Minister of Information and National Orientation, who was accused of using her sister's company, Flexiform Ventures, and two other non-existent companies, Adom Enterprise and Home Works, Ghana, to apply for the contract at the Ministry.
The rest of the accused persons include Kofi Asamoah-Boateng, a former Director of Finance and Administration at the Ministry of Information, Mr. Frank Agyekum, a former Deputy Information Minister, Kwabena Denkyira, a former Deputy Director of Finance and Administration at the ministry, Mr. Dominic A. Y. Sampong, a former acting Chief Director at the ministry, Yasmin Domua, a Manageress, Prosper Arku of Supreme Procurement Agency Limited, and the company as an entity.
They are standing trial over GH¢86,915.85 renovation works done at the Ministry of Information.
Sampong is facing six counts of conspiracy, contravention of the Procurement Act, attempt to defraud, altering document, and deceit of public officer, while Agyekum has been charged with conspiracy, contravention of provision, attempt to defraud, and deceit of public officer.
Domua, a Manageress and cousin to Zuleika Asamoah Boateng, is facing charges of conspiracy to commit crime, after which she was granted GH¢10,000 bail with two sureties.
Kofi Asamoah-Boateng faces six counts of forgery of official document, possession of forged document, and forgery and possession of false document, while Denkyira also faces a charge of conspiracy.
Prosper has also been charged with four counts of possessing and forgery of document of architects/engineering certificate, and false tender document.