The Court of Appeal has unanimously acquitted and discharged Dr. Nana Owusu Ensaw, the third accused person who was being held with four others in connection with the four million dollar Pegasus machine purchased by the National Communication Authority (NCA).
Nana Ensaw a former NCA board member went to the Court of Appeal (CA) to challenge the ruling of the High Court, which directed him and four others to open their defence in the four million dollar Pegasus machine trial.
He was to open his defence in respect of two charges out of the six namely conspiracy to steal and stealing.
The three member panel of the Court of Appeal presided over by Mr Justice Victor Ofoe noted that from the face of the records before them, the High Court did not establish a prima facie case against Nana Ensaw and the High Court misapplied the law, when it ruled that he should open his defence.
“The criminal appeal succeeds and the order of the High Court directed to you to open your defence in respect of the Count three and 14 is here by dismissed,” it ruled.
Meanwhile, the High Court presided over by Mr Justice Eric Kyei Baffour has fixed May 12 this year to deliver its judgement in respect of the substantive trial.
The other accused persons in the substantive trial are: Eugene Baffour Bonnie, former Board Chairman of NCA, William Tetteh Tevie, former Director General of NCA, Alhaji Mimina Osman, a former Deputy National Security Coordinator and George Derick Oppong, a businessman and Director of Infraloc Development Limited.
The accused persons have variously been charged with stealing, using public office for public gain, willfully causing financial loss to the state in respect of the purchase of the cybersecurity equipment worth four million dollars in the year 2016.
They have denied the charges and are currently on bail.