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Court adjourns Tsikata's bail application

Mon, 23 Jun 2008 Source: GNA

Accra, June 23, GNA - An Accra Fast Track High Court on Monday adjourned sine die a bail application by Tsatsu Tsikata, former Chief Executive of Ghana National Petroleum Corporation (GNPC), who was sentenced last Wednesday to five years' imprisonment for wilfully causing financial loss to the State and misapplying public property.
This is to enable Tsikata to get a copy of the judgement of the court presided over by Mrs. Justice Henrietta Abban and await the outcome of a petition he has forwarded to the Chief Justice on allegations of the judge's conduct.
Tsatsu, a lawyer and energy expert, who represented himself in court on Monday following the absence of his counsel, Professor E.V.O. Dankwa, who is out of the country, said he had applied for a copy of the judgement, the transcripts and a tape recording of proceedings.
He said there have been errors in transcripts of records of proceedings in the courts and the tape recording would help to give him the right picture.
Tsatsu filed the appeal against his conviction shortly after judgement was pronounced saying, "the verdict is unreasonable and cannot be supported by the evidence".
He is therefore seeking an order to set aside the judgement of the court and the sentence imposed on him.
Scores of sympathisers thronged the premises of the Supreme Court on Monday singing, dancing and calling for the release of Tsikata. A white handkerchief with wine inscription with the heading; "Free Tsikata Now," that spells out 10 reasons why the former Chief Executive of GNPC should be freed was circulated at the Supreme Court premises. In a notice of appeal last Wednesday signed by Tsikata himself, he contended that the trial judge erred in law in deciding that financial loss had been caused simply because payment of monies had been made by GNPC.
According to him, the trial judge erred in law in deciding that there was no provision for indemnity from Valley Farms for the guarantee when the express terms of the guarantee agreement gave GNPC a right of subrogation over the assets of Valley Farms.
It said the trial judge erred in law in deciding that because the said investment in Valley Farms was outside the objects of GNPC, on her interpretation of the statute setting up GNPC, financial loss had thereby been caused to the state.
"The trial judge showed manifest bias against the accused/appellant in the conduct of the trial and particularly in relation to her decision this morning (Wednesday) that she would proceed to give judgement when no notice had been served on the accused to the effect that judgement would be given today."
According to Tsikata, the trial judge manifested her determination to give a biased judgement by striking out an application by his counsel to introduce further evidence from admissions made by the Attorney-General during the recent Supreme Court proceedings that there was no dispute about the viability of the evidence when his counsel had written to the court to explain his absence and requested a date for the hearing date of the application.
He said the trial judge also erred in disregarding evidence from the prosecution itself that made it clear that the project in relation to which the charges had been brought was a profitable investment which would have yielded benefits to the nation and the GNPC.
Tsikata said the trial judge again erred in claiming that an investment in a cocoa project was unrelated to the business of government when there was uncontested evidence that funding from the export of cocoa was critical to the responsibility of GNPC to import crude oil for the country.
He noted that the trial judge again erred in holding that the accused had admitted in a caution statement that he authorized the GNPC Head of Finance to effect the payment in the charge sheet. "The trial judge erred in failing to appreciate the role that Merchant Bank played as the trustee of GNPC resources placed in the accounts and the significance of this role."

Accra, June 23, GNA - An Accra Fast Track High Court on Monday adjourned sine die a bail application by Tsatsu Tsikata, former Chief Executive of Ghana National Petroleum Corporation (GNPC), who was sentenced last Wednesday to five years' imprisonment for wilfully causing financial loss to the State and misapplying public property.
This is to enable Tsikata to get a copy of the judgement of the court presided over by Mrs. Justice Henrietta Abban and await the outcome of a petition he has forwarded to the Chief Justice on allegations of the judge's conduct.
Tsatsu, a lawyer and energy expert, who represented himself in court on Monday following the absence of his counsel, Professor E.V.O. Dankwa, who is out of the country, said he had applied for a copy of the judgement, the transcripts and a tape recording of proceedings.
He said there have been errors in transcripts of records of proceedings in the courts and the tape recording would help to give him the right picture.
Tsatsu filed the appeal against his conviction shortly after judgement was pronounced saying, "the verdict is unreasonable and cannot be supported by the evidence".
He is therefore seeking an order to set aside the judgement of the court and the sentence imposed on him.
Scores of sympathisers thronged the premises of the Supreme Court on Monday singing, dancing and calling for the release of Tsikata. A white handkerchief with wine inscription with the heading; "Free Tsikata Now," that spells out 10 reasons why the former Chief Executive of GNPC should be freed was circulated at the Supreme Court premises. In a notice of appeal last Wednesday signed by Tsikata himself, he contended that the trial judge erred in law in deciding that financial loss had been caused simply because payment of monies had been made by GNPC.
According to him, the trial judge erred in law in deciding that there was no provision for indemnity from Valley Farms for the guarantee when the express terms of the guarantee agreement gave GNPC a right of subrogation over the assets of Valley Farms.
It said the trial judge erred in law in deciding that because the said investment in Valley Farms was outside the objects of GNPC, on her interpretation of the statute setting up GNPC, financial loss had thereby been caused to the state.
"The trial judge showed manifest bias against the accused/appellant in the conduct of the trial and particularly in relation to her decision this morning (Wednesday) that she would proceed to give judgement when no notice had been served on the accused to the effect that judgement would be given today."
According to Tsikata, the trial judge manifested her determination to give a biased judgement by striking out an application by his counsel to introduce further evidence from admissions made by the Attorney-General during the recent Supreme Court proceedings that there was no dispute about the viability of the evidence when his counsel had written to the court to explain his absence and requested a date for the hearing date of the application.
He said the trial judge also erred in disregarding evidence from the prosecution itself that made it clear that the project in relation to which the charges had been brought was a profitable investment which would have yielded benefits to the nation and the GNPC.
Tsikata said the trial judge again erred in claiming that an investment in a cocoa project was unrelated to the business of government when there was uncontested evidence that funding from the export of cocoa was critical to the responsibility of GNPC to import crude oil for the country.
He noted that the trial judge again erred in holding that the accused had admitted in a caution statement that he authorized the GNPC Head of Finance to effect the payment in the charge sheet. "The trial judge erred in failing to appreciate the role that Merchant Bank played as the trustee of GNPC resources placed in the accounts and the significance of this role."

Source: GNA
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