The Member of Parliament for Bolgatanga East Dr. Dominic Ayine has said that the verdict passed by an Accra High Court in the case of the state and three former officials of the National Communications Authority is inconsistent with the evidence provided by the state.
Former NCA board chairman, Eugene Baffoe-Bonnie was handed a six-year jail sentence for his role in the $4m scandal that rocked the NCA over its purchase of listening devices for the National Security.
The former Director-General of the NCA, William Tetteh Tevie and Alhaji Salifu Mimina Osman, a former Deputy National Security Coordinator were each sentenced to five years imprisonment for also causing financial loss to the state.
Commenting on the judgment on Joy News’ Newsfile programme, Dr Ayine argued that the judgment passed by the court presided over by Justice Eric Kyei Baffour was not supported by the evidence tabled by the state prosecutors.
“I must say that the judgment cannot be supported by the evidence. If you are talking about the offence of causing financial loss to the state, it must be a situation where the conduct of the official has injured the state financially. What injury has been caused to Ghana in this transaction?”.
“There is a transaction and there is a local company that is representing an Israeli company and it’s through that company that monies are transferred to the local company so there was no agreement that the Israeli company be paid directly the $4million. So it must have been the local company receiving it as agent of Pegasus and then giving those monies to the Israeli company”.
“So when money has been paid to an agent, it is deemed that the principal has received the money so if the principal writes to the NCA requesting payment, the correct thing that should have happened in the circumstances was for the NCA to say we have paid under the contract, the money is with your agent so kindly ask them to send the money to you”, he said.
Dr Ayine who is the managing partner of Ayine and Felli Law Offices, the firm that represented William Tetteh Tevie said that his firm will appeal the ruling.
“Under cross-examination we made it abundantly clear that he [Tetteh Tevie] had not received any money from the gentleman and the records supported the case. So I was surprised by the finding made by the judge. We are appealing against the decision. We’ve indicated very clearly that we are filing Notice of Appeal”, he stated.
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