AG Appeals Woyome Case Again

AG Appeals Woyome Case Again

The parties in the criminal case against businessman, Alfred Agbesi Woyome have filed written submissions at the Court of Appeal for and against his acquittal.

While the state is calling on the court to quash a High Court judgement which freed Woyome from any wrongdoing in the GH¢51.2 million, counsel for Woyome is praying the court to dismiss the state’s appeal.A 72-page submission filed by the prosecution is asking the Court of Appeal to curtail Woyome’s freedom and imprison him accordingly on the grounds that the trial judge erred in law in acquitting and discharging the businessman of defrauding by false pretences and causing financial loss to the state.But the defence team is of the view that the state failed to concretely justify why the March 12, 2015 High Court judgement should be overturned.The court’s registry is yet to fix a date for the delivery of judgement on the appeal.State’s positionThe state is arguing that the trial judge, Mr Justice John Ajet-Nasam, who has been named in the Anas judicial scandal, erred in law when he said the prosecution failed woefully to establish a prima facie against Woyome when he had, during the trial, established a prima facie case against him and called on him to open his defence.The court, in its March 12, 2015 judgement, had held that the prosecution had twisted facts when it stated that there had been a misrepresentation, leading to the payment of GH¢51.2 million to Woyome, but the prosecution argued that “after calling the respondent to open his defence and progressing to the end of the trial, there was no legal basis for the trial judge to now make such pronouncements”.“This is particularly so when the statements were made without reference to any reasonably probable explanation by the respondent to counter the evidence led by the prosecution,” it added.According to the prosecution, the personalities the trial judge held should have been called by the prosecution were immaterial to the case because officers from their various departments had testified.“All these personalities referred to by the judge had nothing useful to add to what the prosecution witnesses who were called had already said. The various roles played by these personalities were not in their personal but official capacities,” the written submission from the prosecution, signed by the acting Director of Public Prosecutions (DPP), Mrs Yvonne A. Obuobisa, said.The said personalities are Mrs Betty Mould-Iddrisu, a former Attorney-General and Minister of Justice; Mr Ebo Barton-Odro, a former Deputy Attorney-General; Mr Paul Asimenu, then Head of the Legal Department of the Ministry of Finance and Economic Planning (MOFEP); Mr Magnus Rex Danquah of the Local Organising Committee (LOC) of CAN 2008, and Samuel Nerquaye Tetteh, a Chief State Attorney, who advised the state to pay Woyome the amount.

 

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