Court to rule on counsel's objection

An Accra Fast Track Court hearing the Ghana Rubber Estates Limited (GREL) divestiture case will on Tuesday, February 4, rule on an objection raised by defence counsel praying the court to withdraw a prosecution witness.

Mr David Lamptey who made the objection submitted that by the nature of his work, Superintendent Alhaji Bukari Yakubu, document examiner at the Police Forensic Laboratory, was an expert in his field who was in court to give opinion evidence.

Mr Lamptey is defending Hanny Sherry Ayittey, treasurer of the 31st December Women's Movement who is being tried together with three others for their alleged involvement in bribery and corruption in connection with the privatisation of GREL.

The three are, Emmanuel Amuzu Agbodo, former Executive Secretary of the Divestiture Implementation Committee (DIC), Ralph Casely-Hayford, businessman and Sati Dorcas Ocran, housewife.

They have all pleaded not guilty to the charges and have been admitted to bail in their own recognisance by the trial judge, Mr Justice J C Amonoo-Monney, Appeal Court Judge with an additional responsibility on the case as a High Court Judge.

Continuing with his submission, Mr Lamptey told the court that since Supt Yakubu was an expert, it was only the court that had the prerogative to subpoena him to give evidence, adding, "he is not here by any order made by this court."

Counsel therefore, described his presence in court, which was at the instance of the prosecution as "unlawful and illegal".

He asked the court to withdraw him, adding, "when the proper procedures have been carried out, he may probably come back."

Making a contribution on behalf of his other colleagues, Mr Rodney Heward-Mills, counsel for Casely-Hayford said, "we associate ourselves very closely with submissions made by our learned friend."

Replying to counsel's submissions, Ms Gloria Akuffo, Deputy Attorney-General and leader of the prosecution team, described the objection as being misconceived and not grounded on law.

Ms Akuffo submitted that counsel's objection suggested that an expert could testify in court only when he was ordered to do so.

She, however, submitted that "an expert witness is an expert witness who can testify when not ordered by court," and she prayed the court to over-rule counsel's objection.

Supt Yakubu, sixth prosecution witness who made his second appearance in court on Tuesday, was to prove which of the three persons, Ayittey, Dr Albert Owusu-Banarfo, third prosecution witness, and Mrs Georgina Okaitey, member of the 31st DWM and yet to testify, was the author of a written note allegedly sent to Dr Owusu-Banarfo through Mrs Okaitey.