Counsel for Kwame Peprah, third accused in the Quality Grain trial, on Thursday told the Fast Track Court that the role his client acted in official capacity on behalf of government when he guaranteed a 21-million dollar loan for the Quality Grain Company.
Mr Kwaku Baah said the prosecution should, therefore, not charge Peprah, former Finance Minister for wilfully causing financial loss to the state.
Mr Baah was making a submission of "no case" in a matter in which Peprah and five others are charged with conspiracy and wilfully causing financial loss to the state.
When the prosecution ended its case last week after calling 21 witnesses, counsel for the accused persons applied to the court to make submissions of "no case" for their clients.
Counsel said it was in evidence that in 1996, Parliament approved of a rice project to be undertaken by the company at Aveyime in the Volta Region.
It is also on record that Parliament guaranteed an initial loan of seven million dollars for the purchase of farm equipment.
Mr Baah said the prosecution tendered a document which was a memorandum addressed to the Cabinet in 1997 for consideration and approval of additional loan to the company.
Counsel contended that none of the prosecution witnesses testified that they enquired from the former Cabinet whether it agreed for the government to guarantee loans to the company.
The other accused persons are, Ibrahim Adam, former Minister of Food and Agriculture, Dr Samuel Dapaah, Dr George Yankey, Nana Ato Dadzie and Kwesi Ahwoi all former senior government officials.
They have all pleaded not guilty and each of them is on self-recognisance bail.
Mr Baah quoted relevant provisions in the constitution in support of his argument that Peprah, as a Cabinet Minister carried out a responsibility of being mandated by the Executive to comply with a policy.
Counsel said the prosecution did not lead any evidence to show that his client conspired with any of the accused persons and caused financial loss to the state.
He submitted that in law, the burden was on the prosecution to prove all the elements in a criminal act against accused persons.
Mr Baah said since the prosecution has failed to do so, Peprah was not obliged to be called upon to open his defence.
Hearing continues on Monday, November 12.
