Court orders prosecution to charge Twumasi-Appiah & co

Accra, May 24, GNA - An Accra Circuit Court presided over by Mr E.A. Daketey on Monday ordered Felix Twumasi-Appiah, Member of Parliament (MP) for Sene in the Brong-Ahafo Region, and one Juan Carlos, a Spanish national allegedly involved in a gold deal, to report to the Police. Besides, the two accused persons are to issue their statements with the investigator and be charged formally by the Police. Twumasi-Appiah allegedly misrepresented himself to the police and succeeded in fraudulently causing the police to release 30,000 dollars meant for a Spanish businessman, Juan Francisco Osorio Lozano, to Juan Carlos, without the consent of Lozano.

The two accused persons have been charged with conspiracy, defrauding by false pretence and stealing. The court is yet to take their plea. Twumasi-Appiah has since been admitted to a 100,000 Ghana cedis self recognisance bail, while Carlos has been admitted to 150,000 Ghana cadis bail with three sureties.

The case has been adjourned to Monday, May 31, 2010. The Prosecutor, Assistant Superintendent of Police (ASP) A. Dery, had prayed the court not to grant the passport of Juan Carlos back to him since the plea of the accused persons had not been taken and they had not been formally charged before the court.

However, Mr Joshua Nimako, Counsel for accused persons reject the claims of the Prosecution, arguing that it was about a month now since the last adjourned date.

He said the Prosecution had enough time to take the statement of the two persons and also prefer a charged against them. Mr Nimako also asked the court to give back the passport of Juan Carlos to enable him to attend to his sick child in Spain. He said the accused has three sureties and there was no way he could runaway.

Mr Nimako also had to apologized to the Court while the second accused person Twumasi-Appiah, was absent at Monday's sitting. He told the court that Twumasi-Appiah is part of a Parliamentary communication delegation which was currently in India on official duties. Despite the apology rendered by Mr Nimako for his client's inability to appear before the court, Mr E.A. Daketey, the presiding judge, did not take kindly to the excuse.

He said the accused should have sought permission from the court in writing. The facts stated by the Prosecution are that Mr Lozano, a Spanish businessman, who arrived in Ghana to transact business, was the complainant in the case.

Sometime in March this year, Nana Kwame Donkor, a businessman transacted business with Mr Lozano on behalf of his company to supply gold worth 160,000 dollars in three tranches.

However, after two supplies, Nana Donkor was unable to supply the third one and promised to refund the remaining amount to Mr Lozano. Prosecution said Nana Donkor contacted the MP to help transfer the money back to the complainant in instalments since it was impossible to transfer the amount in cash through the banks.

The prosecutor said two cheques were therefore signed and left for the accused persons to facilitate the transfer. Nana Donkor, however, paid 30,000 dollars as part payment, to the Police to be given to the complainant.

The MP and his accomplice went to the office of Superintendent of Police Yaa Tiwa Danso, Commander of Commercial Crime Unit where Carlos claimed the complainant was sick and unable to travel to Ghana and had therefore instructed him (Carlos) to collect the money on his behalf. Prosecution said with the MP of Sene in the frontline, the police did not suspect any foul play and subsequently released the money to Carlos, only for the businessman to show up, demanding the money. 2