Two persons, who are standing trial for causing the state to lose GH¢4.1 million, have appealed the decision of the Financial Division of the High Court to open their defence.
According to the former National Co-ordinator of the Ghana Youth Employment and Entrepreneurial Development Agency (GYEEDA), Abuga Pele, and a businessman, Philip Akpeena Assibit, the trial judge erred in law when she did not take into consideration some inconsistencies in the evidence of some of the prosecution witnesses.
They also contend that the trial judge, Mrs. Afia Serwaa Asare-Botwe, delved into the merit of the case although they had not opened their defence.
Meanwhile, the two have filed a separate application for a stay of proceedings at the High Court until the final determination of the appeal.
Hearing of the application for stay has been slated for July 29, 2015.
The case at the High Court has been adjourned to July 31, 2015.
State Attorneys were absent following their ongoing nationwide strike for improved conditions of service which began last week Tuesday. The High Court on June 19, 2015, ordered the two to open their defence after it dismissed a submission of no case filed by the defence lawyers.
According to the court, the prosecution had established a prima facie case against them and for that reason, they should open their defence.
But the two are displeased with the court’s directive and have since filed the notice of appeal.
Pele was alleged to have recommended payment of the said amount to Assibit with the explanation that Assibit had secured a $65 million facility from the World Bank for a Youth Enterprise Development Programme (YEDP), trained 250 youth as well as conducted tracer studies for an exit strategy for the said youth.
But the court held that the prosecution had led evidence to prove that the said claims were false and for that reason, it was important for the accused persons to open their defence to discredit the evidence led by the prosecution.
The defence team had also argued that Assibit never held himself as a consultant but the trial judge read documents and memos to prove he (Assibit) had indeed held himself as such at all material times, and had even signed documents to that effect.
These and other evidence led by the prosecution, according to the court, had shifted the burden on the accused persons to prove their innocence.
The state has accused Assibit of putting in false claims that he had secured a $65 million World Bank funding for the creation of one million jobs for the youth, resulting in the government parting with GH¢4.1 million.
Pele is alleged to have acted in a manner resulting in the loss of the amount to the state.
Pele has pleaded not guilty to two counts of abetment of crime, intentionally misapplying public property, and five counts of willfully causing financial loss to the state.
Assibit has also pleaded not guilty to six counts of defrauding by false pretences and five counts of dishonestly causing loss to public property.
They are both on bail.
Source: Graphic.com.gh
