CJ Orders Judge to Sit on Criminal Case

Circuit Court judge, presiding over a case of fraud leveled against two prominent legal practitioners has been authorized to proceed with the trial, despite attempts made by the accused persons to frustrate the continuation of the trial. Mr. D.E.K. Daketsey yesterday, Thursday, October 22, 2009 told the packed Circuit Court that he had been given the go ahead by the Chief Justice, to proceed with the trial of the two legal practitioners. Additionally, the Director Public Prosecutions (DPP), Ms. Gertrude Aikins, also informed the court that the Attorney-General (A-G) had authorized the Ghana Police Service to continue with the prosecution processes against the accused persons. The prosecutor, DSP Frimpong, further corroborated the information provided by the DPP, nothing that he had received a letter dated October 20, 2009 to that effect. DSP P.K Frimpong then requested that the court adjourn the case to enable the prosecution serve the accused person with a hearing notice, in view of the fact that the accused person where not informed of the new dates as a result of the short notice he received to proceed with case. The case has therefore been adjourned to November 5, 2009 for continuation. The circuit court judge, Mr. D.E.K. Daketsey, was handed down a conviction on a contempt of court charge by his follow high court judge, Justice Ofosu Quartey, on the request of the two accused lawyers, who challenged the former over decisions take in his line of duty. According to the accused persons, the circuit court had disobeyed an order requesting it to stay proceedings for 30 days. The accused persons, Kwame Owusu Asamani and Ekow Amua-Sekyi, who are facing eight counts of conspiracy, forgery of judicial documents, altering of documents, had earlier on succeeded in getting the High Court judge to quash a bench warrant issued by the circuit court for their arrest, when they failed to appear in court to defend the criminal proceedings brought against them. The accused persons, who are currently on bail, were alleged to have defrauded a businessman, Howard Eric Ewen, of thousands of Ghana cedis amounting to US$850,000 in 2007, with the pretence of transferring the ownership of gold mining business entity into this name. According to the prosecutor, one of the accused person, Owusu Asamani, on March 14, 2007, acted as lawyer for Axex Co. Ltd., and obtained judgment in suit No BMISC 273/07 against Kwame Opoku and two other defendants. The court heard that after the judgment, Owusu Asamani conspired with Ekow Amua Sekyi, who was acting as a lawyer for Samuel Gordon Etroo, and forged suit NoBMISC350/07, which was titled Alex Co. Ltd. Te accused persons, according to the prosecution, fraudulently inserted Sametro Co. Ltd as the 4th defendant in this writ, even though the company was not a defendant in the suit. The accused persons were further noted to have forged a judgment titled Axex Co. Ltd on March 18, 2007, in which they inserted a 3rd Order for the recovery of Esaase Gold Mine, and purported that it was made by His Lordship Justice Ofori Attah, a High Court judge. The prosecution indicated that the accused persons prepared a Deed of Assignment, unknown to Gordon Etroo, and scanned his signature on to it. �They managed to have it registered at the Lands Registry, with No 28/2007, and presented in to Eric Ewen, Managing Director of Keegan Resources, who signed,� the court was told. The prosecution noted that the accused persons, without the knowledge of Gordon Etroo and Kwame Opoku, initiated a civil suit No BL35/07, titled Kwame Opoku Vrs. Sametro Co. Ltd, which was heard before Justice Lartey-Young on March 20, 2007. Amua Sekyi, the prosecution pointed out, made certain admissions based on which the judge ordered that the Bonte Esaase Mine be assigned to Kwame Opoku, and further used the judgment to obtain the consent of the then Minister for Lands, Forestry & Mines, to assign the Essase Mines to Howard Eric Ewen of Keegan Resources. Additionally, the prosecution told the court that on June 18, 2007, Eric Ewen issued Stanbic Bank cheque No.021550 for US$850,000 to Joseph Kwame Owusu Asamani, to complete the �fraudulent assignment of Bonte Gold Mine� from Etroo to Eric Ewen.