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19.10.2004 Crime & Punishment

Acquit Sinare - Counsel

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Accra, Oct.19 GNA - Mr Albert Adaare, Counsel for Alhaji Saide Sinare; Former National Democratic Congress (NDC) Member of Parliament for Ayawaso Central; on Tuesday prayed a Circuit Court in Accra to acquit his client because the Prosecution had failed to prove its case. In a submission of no case filed on behalf of Sinare, Mr Adare said at the close of Prosecution's case, it had not been able make out a case against his client sufficiently to require Sinare to open his defence. He said the Prosecution failed to prove the vital ingredient of the offence of conspiracy with which Alhaji Sinare was charged. Mr Adaare told the court that Nii Armah, during the course of the trial changed his plea to guilty with explanation.

Counsel said in Nii Amarh's explanation, he stated that he was negligent and he was solely responsible for any criminal consequences. Mr Adaare submitted that witnesses called by Prosecution failed to prove there was any agreement to commit crime between his client and Nii Armah.

"Prosecution Witness who is also the complainant in his evidence stated that all he knew about the case was that Nii Armah told him. It is clear that the Prosecution Witness did not have personal knowledge about the purported agreement between Nii Armah and Sinare."

Mr Adaare said another Prosecution Witness in his evidence never said anything to link Sinare to any conspiracy adding the Defence did not even find it necessary to cross-examine him.

"Its submitted that quite apart from the fact that Prosecution Witness' evidence does not show that Sinare agreed on anything with Nii Armah, or vice versa, Prosecution Witness was untruthful and no reasonable tribunal would act on the evidence."

Counsel said it was clear that the evidence of the Prosecution was full of inconsistencies adding: "It is right to say it is worthless". Alhaji Saide Sinare is standing trial for allegedly conspiring with Nii Armah to make 26 illegal entries into the Voters' Register. Stanley Nii Armah, an Electoral Officer and accomplice was charged with forgery and conspiracy.

Nii Armah pleaded guilty and was sentenced to six months' imprisonment by the Court.

The Court would on October 21, rule on the submission of no case. The case of Prosecution was that at about 0500 hours on March 22, Mr Kwame Bediako, a Computer Technician and Zonal Co-ordinator of the New Patriotic Party (NPP), acting upon a tip off, laid ambush at Accra Newtown "5" and Accra Newtown "12" Registration Centres from where he saw Nii Armah writing names in the Voters' Register.

Prosecution said when Mr Bediako challenged Nii Armah, he mentioned Sinare as the one who instructed him to make the fictitious entries. The Prosecution said he entered 26 names mainly Muslim names with fake house numbers.

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