Accra, Dec. 16, GNA - The Prosecution in the case involving a Ghanaian artist, Kwaw Kesse alias "Abodam" for allegedly stealing 7,000 pounds belonging to his former lover; Happy Chappell, on Wednesday preferred new charges against the accused.
The charge has been changed from stealing to defrauding by false pretences. However, defence counsel rejected the new charge sheet because that it had not been registered and stamped. Police Inspector Michael Jubiok, prosecuting prayed the court for some time to register the charge sheet and proceed with the case. Naa Adofoley Nortey, Counsel for Kesse said the attempt by the prosecution to prefer new charges against her client in the middle of a trial was abuse of the process and the fundamental human right of her client.
She noted that with the prosecution preferring new charges against her client meant the whole trial should have to start all over again. Naa Nortey said the prosecution should have put their house in order rather than coming to waste everybody's time including the court. She said the trial began about six months ago and many witnesses had been called to testify in the case and the prosecution had enough time to change the charges.
"My client is a public figure and you cannot treat him this way," she added. Naa Nortey also prayed the court to give them enough time to stay proceedings so that they could appeal to the High Court against the unfair treatment of her client by the prosecution. However, Police Inspector Jubiok vehemently disagreed with the defence counsel and said the prosecution reserved the right to change charges against an accused person anytime appropriate. The Accra Circuit court therefore adjourned the case to December 21, 2009 to enable the prosecution make the necessary changes for the trial to begin.
The prosecution's case is that Kesse and Ms Chappell were lovers in 2008 and she decided to develop a plot of land at Prampram after both of them had visited the site.
In January this year, Ms Chappell returned from the United Kingdom and gave 7,000 pounds to Kesse to develop the land but he failed and after several attempts to collect her money had failed, she lodged a complaint with the police and Kesse was arrested. During police investigations, Kesse admitted receiving 1,000 pounds and not 7,000 pounds from Ms Chappel. 16 Dec. 09
