Nene Amegatcher, Supreme Court Judge
A Supreme Court Judge, Nene Amegatcher, has cautioned lawyers against using court processes to frustrate the prosecution of corruption-related cases, saying it is a culture that must be killed.
He observed that some lawyers deliberately raise multiple objections, and abuse appeals all the way to the Supreme Court.
“I don’t think it is in the interest of this country, if we want to fight corruption and corruption related offences. I see the trend where lawyers and parties abuse court processes to frustrate prosecution of corruption and corruption -related offences,” Justice Amegatcher said.
He made these comments when the Supreme Court was invited by lawyers of the founder of the defunct Capital Bank, William Ato Essien, to rule on two applications.
One lawyer was asking the court to allow them to challenge a Court of Appeal decision that upheld a High Court ruling. This High Court ruling admitted into evidence four unsigned documents of the third accused person in the trial, namely Fitzgerald Odonkor.
The documents, the lawyers had intimated, were injurious to the defence of his client.
The Court of Appeal ruled that the High Court did no wrong in admitting the evidence.
Challenging decision
Lawyers for Mr Essien, led by Baffuor Gyawu Bonsu Ashia, yesterday urged the Supreme Court to allow it challenge this decision. They also wanted the court to halt the trial at the High Court.
The Supreme Court panel, presided over by Justice Jones Dotse, turned down these requests.
Other panel members on the case included Justices Nene Amegatcher, Prof Ashie Kotey, Gertrude Torkonoo and Yonny Kulendi.
It was prior to these rulings that Justice Amegatcher expressed the concern about how such applications delay prosecution.
He pointed out that some countries have passed laws to prevent such applications during trials.
Meanwhile, the trial Mr Ato Essien resumes at the High Court on Thursday June 23, 2022.
Previous dismissal
The Court last Thursday dismissed an application filed by his lawyer to stay proceedings, pending the determination of his appeal against the court admitting an audio recording into evidence.
The court on June 9, 2022, admitted into evidence an audio recording which captured a confrontation between Ato Essien and the Special Investigations Team during his interrogation as part of investigations.
The audio was tendered by Rev. Fitzgerald Odonkor, one of the two persons standing trial alongside Ato Essien for allegedly stealing from the GH¢620 million given to the defunct bank by the Bank of Ghana as liquidity support.
Ato Essien is on trial with the defunct bank’s former Managing Director, Fitzgerald Odonkor, as well as Tetteh Nettey, a former Managing Director of MC Management Services, owned by Mr Essien, for conspiracy to steal and stealing charges.
About The Author
