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Judgement Today in Baby Ocansey Trial

Mon, 21 Oct 2002 Source: Accra Mail

Judgement in the $1.5 million Bank of Ghana (BoG) case involving Hajia Baby Ocansey principal and sole accused person is to be determined today at an Accra Regional tribunal.

Hundreds of people are expected to besiege the court to hear the ruling.

Hajia Baby Ocansey was charged together with three others on four counts of causing financial loss to the state, stealing, possessing and altering forged document, but three other accused persons were acquitted and discharged for lack of evidence.

The former Head of Budget and Accounts Department of the BoG, Mr. Sebastian Dick Kobla Gavor, former Deputy Head of Banking Department, Mr. Archibald Nee Ofosu Larbi and an in-law of the accused, Alhaji Abubakar Siddiq were the acquitted persons.

The trial which has gone on for over three-year is presided over by Justice Isaac Douse. The Principal State Attorney, Mr. Anthony Gyambiby is representing the state while the accused is represented by Mr. G.D.A Laryea.

Defence Counsel for Hajia Ocansey, Mr. G.D.A. Laryea told the court that the prosecutor failed to establish the guilt of his client beyond all reasonable doubt. He submitted that there is no evidence before the court that shows that the accused committed the offences preferred against her.

He said since the court acquitted and discharged three accused persons in the case for lack of evidence, it could also determine whether the conduct of his client is culpable in law to support any of the four charges.

Mr. Laryea said the accused only presented a draft from the US-based Chase Manhattan Bank to the BoG for clearance and as such his client would receive the money if the central bank was satisfied with the draft which it (Central bank) complied with a month later.

He said evidence by all ten prosecution witnesses demonstrates that after presenting the draft to the bank, the accused did not in any way manipulate the work of the bank officers in clearing the draft until the time that his client was called to receive the proceeds.

Also, he said, presenting the draft for clearance and responding to the call of the bank could certainly not be said to be an unlawful act. He therefore prayed the court to acquit and discharge the accused since on receiving the money from the bank, she acted on a claim of right as she was made to believe that the draft she presented had properly gone through the right banking procedures.

Mr. Gyambiby said the accused dishonestly appropriated the money from the BoG.

He said the draft presented at the bank for payment was not a genuine instrument as adduced by counsel for the accused. He said it was dishonoured as far back as 6th December 1999 because it had no supporting funds.

Mr. Gyambiby also requested the court to look into how the accused wasted the money within a short period. He said, "she suddenly turned into a philanthropist".

Source: Accra Mail