05.07.2004 General News

Witnesses evidence were based on conjectures - Serlomey's Counsel

05.07.2004 LISTEN

Accra, July 5, GNA - Mr Kwablah Senanu, Counsel for Victor Serlormey, Former Deputy Minister of Finance, on Monday prayed an Accra Fast Track High Court to uphold a submission of no case against his client, because evidences adduced by Prosecution Witnesses were based on conjectures.

Mr Senanu said the evidence of Mr Philip Baffuor Awuah, an Auditor, who prepared the Special Audit Report on the Trade and Investment Programme (TIP) and the Technology Valley Park Project, was based on speculations because he failed to approach his clients before preparing the Report. "Looking at the modus operandi of Mr Awuah, he was only looking for ways of prosecuting my client and this should not be so. "If the accused persons were given the opportunity to explain we would not have been here."

Mr Senanu, who was continuing with his submission of no case, raised concerns about the failure of the Prosecution Witnesses to contact his clients on the matter citing Daniel Abodakpi, a sitting Member of Parliament, who could have been contacted at Parliament.

"Serlormey was in jail and he could also have contacted through the Director of Prison for an interview," he said.

He said: "Instead of Mr Awuah contacting accused persons he rather went round to consult people who do not matter in the case."

Daniel Kwasi Abodakpi, Former Minister for Trade and Industry and Serlormey are jointly being tried on seven counts of conspiracy to commit crime, defrauding by false pretences and wilfully causing a total loss of 2.73 billion cedis to the State.

They have denied all the charges and are currently on self-recognisance bail in the sum of three billion cedis each before Mr Justice Stephen T. Farkye, a Court of Appeal Judge, sitting as an additional High Court Judge.

Mr Senanu pointed out that a letter, which emanated from the National Security Co-ordinating Office and addressed to Serlormey never got to him.

"It was at the court that the letter were shown to him," he said. Counsel was of the view that evidence adduced by Witnesses could not stand the test of time, adding, this should not warrant a Court of competent jurisdiction to call on them to answer their cases. He was of the view that the Auditor General in its finding should have surcharged them instead of ordering for their prosecution.

"The Auditor General should have surcharge them and if he was not satisfied he could then have marched up to the High Court."

Counsel further challenged the appointment of Mr Awuah to audit TIP Accounts and the Science and Technology Park Valley. "How can somebody be appointed in June 2001 and commence with his auditing in March 2001?" He asked.

The Case was adjourned to July 12 for continuation.

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