Judge erred for not allowing contract to be tendered - Counsel

Leading counsel for Victor Selormey, a former Deputy Minister of Finance on Tuesday submitted that a contract was signed between Selormey and a Ghanaian consultant in the US on the Court Computerisation Project.

Mr Johnny Quashie-Idun said the trial judge at the Fast Track Court (FTC), Mr Justice Sam G Baddoo, therefore, erred in law for not allowing the contract document to be tendered through a defence witness.

Mr Quashie-Idun was making submissions in a case in which Selormey has appealed against a FTC ruling at the Court of Appeal. Mr Justice Baddoo last month ruled that only Selormey or the consultant could tender the contract since they were the only parties to it.

Selormey is charged with fraudulently causing a loss of 1.3 million dollars to the state. He has pleaded not guilty to two counts of conspiracy and causing financial loss and is on a 1.5 billion-cedi bail with two sureties to be justified.

Counsel contended that the contract document was among documents, which solicitors of Selormey and the consultant submitted to Mr Sam Awortwi, head of investigations in the case at the Police Headquarters.

He submitted that the defence repeatedly applied to the trial court to recall Mr Awortwi, who had earlier given evidence, and tender the contract document through him but this was overruled.

Mr Quashie-Idun said it was wrong in law, for the court to deny the defence the opportunity to recall a witness, who had testified that there was a document on the contract among a number of documents received from the solicitors.

Counsel said it was equally wrong and inconceivable for the prosecution to perceive that there was no contract on a project for which 1.3 million dollars was paid. Hearing continues on Wednesday.