Dan Abodakpi Fights Back

Dan Abodakpi, former minister of Trade and Industry, and first accused person in the case in which he and Victor Selormey, former deputy minister of finance and second accused person, are standing trial for causing financial loss of ?2.73 billion to the state, has filed a motion on notice for a stay of proceedings at the Fast Track High Court, pending interlocutory appeal at the Appeal Court in Accra.

He has already filed for an appeal against the court ruling on October 28, 2002, on the mode of his trial.

In his affidavit in support of his motion for stay of proceedings, Abodakpi argued that the offences with which he has been charged are complicated or intricate in character and, from summary proceedings to date, have involved all the paraphernalia of the criminal machinery, given the prosecution of the matter by a principal state attorney and other state attorneys being led by the director of public prosecutions (DPP) himself.

He argued further that on October 28, 2002, his counsel raised an objection to the mode of trial, stating categorically that given the nature of the charges, the numerous witnesses to be called and the legal issues involved in the case, he can only have a fair trial if the mode of trial is on indictment, rather than summary trial.

Abodakpi stated in the affidavit that the complicated character of the trial would, as he has been told, involve the calling of several witnesses, many knotty legal issues would arise and the time of he trial would take a long time, coupled with the maximum sentencing of 25 years that goes with the charge of defrauding, hence the filing of stay of proceedings.

According to him, since an appeal does not operate as a stay of proceedings, he is praying for proceedings to be stayed forthwith in order not to render his victory on appeal nugatory and to prevent quashing of proceedings already embarked upon, only for the court to repeat the process, leading to unnecessary waste of human and material resources.

At the trial itself yesterday, counsel for Abodakpi, Mr. Kobla Senanu, argued that the court must stay proceedings to enable his client move up to the Appeal Court.

He argued also that as a criminal case, the liberty of his client is at stake since he is a sitting MP.

The principal state attorney, Mr. Anthony Gyambiby, on his part, submitted that counsel for defence must not argue the appeal they have filed, but rather give reasons why the court should stay proceedings for them to go to the Appeal Court.

According to him, the court has the discretion to grant stay of proceedings or not when an interlocutory appeal is pending.

He argued further that the applicant has not shown any circumstances for which stay of proceedings must be granted.

On the issue that the accused person would not be given fair trail, Mr. Gyambiby said there has not been any development in court which showed that the accused person will not be given a fair trial.

He said the accused person who has gotten their counsel as well as been granted bail by the court will also call their defence witnesses which all amount to fair trial by the court. He, therefore, called on the court to dismiss the application of the appeal.

The trial judge, Mr Justice F.T. Farkye, an Appeal Court judge, sitting as an additional high court judge, refused the defence counsel’s application for appeal and stay of proceedings. He, however, granted them seven days as allowed by the constitution to present their case before the appeal court.

He, therefore, adjourned proceedings to November 18,2002, for proceedings to continue.

Abodakpi and Selormey are being tried on seven courts of conspiracy to commit crime, defrauding by false pretences and wilfully causing financial loss to the state.

They have pleaded not guilty to all the charges and the court has granted each a self-recognisance bail in the sum of ?3 billion.

Narrating the facts of the case earlier to the court, Mr. Anthony Gyambiby said between May and December 2002, the accused persons allegedly transferred $4000 into the local bank account of Dr. Fred Owusu Boadu, a consultant, through Ecobank Ghana Limited.

My Gyambiby said the monies transfered were authorised by Selormey, which were used as fees for feasibility study towards the establishment of a project.