Accra, July 21, GNA - The Court of Appeal, on Thursday, adjourned proceedings in an application filed on behalf of Mr Philip Akpeena Assibit, an accused person standing trial in the GYEEDA case, to October 12 for judgement.
Mr Assibit has filed an application for stay of execution at the Court of Appeal against the ruling asking him to open his defence at the High Court.
The accused person had earlier filed submission of no case, which was rejected by a Financial Court, a division of the High Court.
On June 19, 2015, the High Court ordered Assibit, a representative of the Goodwill International Group and Abuga Pele, a former National Co-ordinator of the National Youth Employment Programme, to open their defence in respect of a GH¢ 4.1 million malfeasance case against them.
The order came after the Court had ruled that the State had established a prima facie case against Pele and Assibit in respect of 19 counts of defrauding by false pretences, abetment of crime, dishonesty and intentionally misapplying public funds and willfully causing financial loss to the State.
On the grounds of Appeal, the applicant said the trial judge erred in failing to recognise that the existing outstanding contradictions in the evidence of the Prosecution witnesses made it unjustified to call the accused to open his defence.
The counsel for the accused person also said the Judge erred when she applied wrong particulars of facts, in coming to her decision, as regard count seven.
He said the Judge erred in law in calling the accused person to open his defence when it was clear from the evidence adduced on records that most of the vital ingredients of the various offences were not made out and the testimonies of the witnesses had been so discredited in cross examination.
'The Trial Judge erred in law in failing to appreciate the import of the issues raised in the submission of no case filed by the accused person,' the counsel said.
Pele and Assibit have both pleaded not guilty to all the charges, and are on bail.
The substantial case has been adjourned to July 24.
GNA
By Morkporkpor Anku, GNA
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