Accra, Jan. 15, GNA - The Fast Track High Court on Thursday discharged Nana Konadu Agyemang Rawlings, the former First Lady and four others over the divestiture of the Nsawam Cannery.
They had been charged with conspiracy, causing loss to public property, dishonestly receiving, obtaining public property by false pretences, obtaining public property by false statement, conspiracy to utter forged documents and uttering forged documents. They all pleaded not guilty.
The court, presided over Mr Justice Edward Amoako Asante declared: "I have seen that the Attorney General Department has filed a notice of withdrawal and discontinuation." A Nolle Prosequi has also been entered, the court said, and discharged them.
When the issue of compensation cropped up, the court tasked the lawyers to put their heads together to see what they could do. "In this matter my hands are tied; this is not a civil matter that I can award one," the court said.
Though the state was not represented, Mr Tony Lithur, Mr Kweku Bram-Larbi and Nana Ato Dadzie, the defence legal team, represented Mrs Agyemang Rawlings and the four others.
The four are Emmanuel Agbodo, former Executive Secretary of the Divestiture Implementation Committee (DIC), Mr Thomas Benson, former DIC Accountant, Mr Kwame Peprah, former Finance Minister and chairman of the DIC and Ms Sherry Ayittey, Director of Carridem Development Company Limited.
At Thursday's sitting, Nana Ato Dadzie, who represented Mr Peprah admitted that his client was absent and informed the court that he (Mr Peprah) had been engaged in other matters, adding that he was due to be in court. Nana Ato Dadzie thanked the court for its decision describing the action as an unavoidable battle that should not have started. According to him his client had spent between two to three years on the matter pointing out the stress at both locally and international levels. "They have been affected in terms of their health not to talk about their families, but we are happy that this chapter has been closed." Nana Ato Dadzie proposed that some compensation be paid to them. Mr. Tony Lithur informed the court that Mrs Agyemang Rawlings was upset with the nolle prosequi entered by the state.
Soon after Mrs Agyemang Rawlings, dressed in white kaba with a NDC party scarf tired around her hair, and the four others were discharged, party faithful met them with a brass band amidst singing and dancing. The crowd which sang songs of jubilation escorted Mrs Rawlings and Miss Sherry Ayittey into their Green Pajero parked adjacent to the courts.
Speaking to the press later, Mrs Agyemang Rawlings described the trial as political harassment. Madam Ayittey said the judiciary had been abused and manipulated by the executive and wondered why the charges preferred against them could be reduced from 33 to 6.
When asked whether the compensation demanded by her could correct what they had gone through Madam Ayittey said: "Compensation is not always money but an apology would do."
In the late 90's government received approval to divest Nsawam Cannery and Carridem, formed by the 31 December Women's Movement, won the bid. Carridem was to pay 10 per cent non-refundable commitment fee in the purchase of the cannery. Additionally some amounts of money should have submitted with the final Sales and Purchase Agreement (SPA) of 2.7 billion cedis (2.7 million Ghana cedis) which was to be paid within 12 month among other conditions. An audit conducted by the Auditor General said some anomalies were detected in the Nsawam Cannery affair. 15 Jan. 09
