State Directed To File Written Submission In Woyome Appeal Case

The Court of Appeal has directed the State to file its written submission within three weeks in respect of its appeal case involving the acquittal of Alfred Agbsei Woyome.

The lawyers for the respondent, Mr Woyome, were also given three weeks to respond after the State submits its written address.

The Court of Appeal, presided by Justice Victor D. Ofoe, directed the parties in the case to file the submissions to enable the court to give further directions in the case.

When the case was called today, the lead lawyer for Mr Woyome, Christoph Koka, told the court that he had not been served with a copy of the records of proceedings before the court.

He said they only received notice of appearance, hence their coming to court on Tuesday, October 13.

The Attorney-General’s Department, on March 13, 2015, filed a notice of appeal to overturn the High Court’s exoneration of Woyome.

It said the judgement acquitting and discharging the respondent for the offences of defrauding by false pretences and causing financial loss to the State should be set aside.

Woyome was on Thursday, March 12, 2015 acquitted and discharged on two counts of defrauding the State of GHC51 million by false pretence and causing financial loss to the State.

The High Court, presided over by Mr Justice John Ajet-Nasam, said prosecutors failed to prove the ingredients of fraud to warrant the court to convict Woyome.

But the notice of appeal filed and signed by a Chief State Attorney, Mrs Yvonne Attakora Obuobisa said:“That the accused person be convicted of the offences of defrauding by false pretences and causing financial loss to the State.

“The judge erred in law when he stated that the prosecution had woefully failed to establish a case against the accused when he had established a prima facie case against him.

“That having called upon the accused person to open his defence, the judge had established a prima facie case against the accused person and his failure thereon to assess the defence of the accused person as against the evidence led by the prosecution was wrong in law”.

The notice of appeal also stated that the judgement could not be supported, having regard to the evidence adduced at the trial.

“The judgement cannot be supported having regard to the evidence adduced at the trial,” it said.

“The finding of the trial judge that persons such as Betty Mould Idrissu, Honourable Barton Odro, Samuel Nerquaye Tetteh and Paul Asimenu were material witnesses and failure to call them was fatal to the case of the prosecution was wrong in law,” the notice of appeal stated.

“The judge erred by displaying a biased assessment of the evidence of the prosecution and mounting unwarranted attacks on the prosecution.

“The entire judgment is wrongful in law. Additional grounds may be filed upon receipt of the record of proceedings,” it explained.