A Judge of the Financial Division of an Accra High Court hearing the case involving the former National Co-ordinator of the Ghana Youth Employment and Entrepreneurial Development Agency, Mr. Abuga Pele and Philip Assibit, a representative of Goodwill International Ghana, has adjourned the case to January 27, 2016.
In court yesterday, one of the two accused persons, Mr. Assibit, who is standing trial for allegedly defrauding the State by False Pretences appealed against the court's earlier ruling asking him to open his defence.
Order to open defence
The court presided over by Justice Mrs Afia Serwah Asare-Botwe on June 19, this year ordered Messrs Pele and Assibit to open their defence in respect of a GH¢ 4.1 million malfeasance case against them.
The order was after the court had ruled that the State had established a Prima Facie case against them, in respect of 19 counts of defrauding by false pretences, abetment of crime, dishonesty and intentionally misapplying public funds and willfully causing financial loss to the State.
On his grounds of appeal, the applicant said the trial judge erred in failing to recognize that the existing outstanding contradictions in the evidence of the prosecution witnesses made it unjustified.
Counsel for Mr. Assibit, Mr. Raymond Bagnabu, intimated that the judge also erred when she applied wrong particulars of facts, in coming to her decision, as regards count seven.
According to him, the Judge erred in law in calling the accused person to open his defence, when it was clear from the evidence adduced on records that most of the vital ingredients of the various offences were not made out and the testimonies of the witnesses had been so discredited in cross-examination.
“The Trial Judge erred in law in failing to appreciate the import of the issues raised in the submission of no case filed by the accused person,” he said.
Not guilty
Messrs Pele and Assibit have both pleaded not guilty to all the charges, and are on bail.
Appeal
Justice Mrs Barbara Ackah- Yensu of the Court of Appeal sitting as a sole judge will sit on the case today to determine the merits of the applicant's appeal.
The accused person, Assibit had earlier filed submission of no case, which was rejected by a Financial Court, a division of the High Court.
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