At a preliminary hearing of the case, Judge O’Malley agreed with the counsel for the defence that the subpoena was rightly issued through the court on the former president through the Ghana Embassy in Washington DC.
The controversial subpoena was issued by lawyers for Victoria Boateng, from the Chambers of Ubi O. O’Neal and Associates, a reputable law firm in Chicago, Illinois.
Daily Guide which has been monitoring the case, reliably gathered that two lawyers representing the complainant, Reuben Hadzide, President of the Ghana National Union, applied to the court to quash the subpoena which the judge declined.
Yesterday’s hearing of the case lasted just about 20 minutes, Daily Guide learnt.
It was the first case that was called in a very crowded court. Judge O’Malley asked the parties to respect the ruling of the court as it stands now and adjourned the case to Monday October 30, 2006 for further hearing.
The stage is set now and agreed upon by all parties that former President Rawlings must oblige by the court order come October 30 by which time the ex-president is expected to oblige.
The judge’s endorsement of the subpoena clears all doubts surrounding the court order, which had variously been described as a hoax and fake by advisers and supporters of Mr. Jerry Rawlings.
The Cook County Court had issued the subpoena commanding Jerry Rawlings to appear and testify before the court yesterday, warning that his failure to abide by the directive would pitch the former president against the law.
“You are commanded to bring any and all documents, pictures, video tapes in your archives regarding the execution of General Acheampong, the former president of Ghana in your possession control.
“Your failure to appear in response to this subpoena will subject you to punishment for contempt of this court,” the court said. The document was served on the Ghana Mission in Washington DC for onward transmission to Mr. Rawlings.
However, after the former president was served, his special aide, Victor Emmanuel Smith went into tantrums, rubbishing the genuine court document.
Victor said his checks at the Cook County Court indicated that no such document had been issued on Mr. Rawlings, describing it as a forgery.
Other media organizations then jumped into the fray with dubious investigations.
According to Daily Express, edited by Stan Dogbe, formerly of Joy FM, its checks at the Cook County Court suggested that no such subpoena had been issued by the court.
Stan claimed that an email he had sent to the court, elicited a negative response, suggesting that Daily Guide had goofed.
He virtually accused Daily Guide of peddling falsehood, saying that the paper failed to do the necessary cross-checking.
Mr. Rawlings said he would not honour the controversial court order. He said it was an attempt to deflate his ego and humiliate him.
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