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The Defence Counsel in the trial of Stephen Asamoah Boateng, a former Minister of Information and his wife Zulieka Jennifer Lorwia on Monday called for the prosecution of Godwin Mawuena Agbesi, a prosecution witness whom they accused of forging the document for the award of contract for the renovation of the Ministry of Information. The issue followed a testimony by Agbesi, a former employee of Supreme Procurement Agency Limited (SPAL) that he was instructed by his boss, Prosper Arku to prepare bills of quantity which he signed as a quantity surveyor, even though he did not have the capacity. The case have been adjourned to November 16 for ruling. The former Minister and his wife are facing charges of conspiracy to defraud the state in contravening the provisions of public procurement, forgery of documents and uttering forged documents. Other officials charged are Frank Agyekum, former Deputy Minister of Information, Dominic Aloysius Yaw Sampong, former Acting Chief Director of the Ministry of Information, Kofi Asamoah Boateng, chief Director of the Ministry, Kwabena Denkyira, former Director of Finance and Administration of the Ministry, Prosper Arku of Supreme Procurement Agency Limited and Yasmine Domua, an accomplice. The accused are alleged to have conspired to defraud the state of GH�86,915.85 as a result of renovation works carried at the Ministerial Block of the Ministry during Mr Asamoah Boateng�s tenure. They have all pleaded not guilty to the charges and had been admitted to self-recognizance bail. During cross-examination Nene Amegatcher, Counsel for Asamoah Boateng and wife, questioned Agbesi whether his lawyers were present when he was being interrogated at the BNI, which he answered in the negative. He said even though officials of the BNI told him he had the right to remain silent he stated the non-availability of lawyer in his statement to the BNI. Asked whether he did not find anything wrong in signing a document purported to have been prepared by a quantity surveyor when did not have the capacity to do so. He said he did not find anything wrong in signing that document since was acting on the instructions from his boss. Mr Augustine Buor, Counsel for Dominic Aloysius Yaw Sampong, former Acting Chief Director of the Ministry of Information also supported the call for Agbesi to be prosecuted arguing that it was the action of Agbesi which has landed his client in trouble. He prayed the court to give orders for the prosecution witness to be arrested and prosecuted. Mr Atta Akyea and Mr Egbert Faibale, defence counsels for the accused persons also supported the call for Agbesi to be prosecution. They argued that the Attorney General (AG) cannot claim to seek justice and fairness in the trial when the real culprit who should have been charged is walking free whilst public officials who only followed procedure had been charged before court. However, Mr Anthony Gyambiby, Chief State Attorney, rejected the claims of the defence counsel and prayed the court to throw out their application. He said under the country�s law accused persons are allowed to testify in court and there was nothing wrong with it. He it is the prerogative of the AG to decide who to use as Prosecution Witness in cases and that the defence team cannot decide for them who to use. Earlier, Mr Godfred Agyapong, a BNI official, had told the court that he was instructed to investigate case on the renovation of the Ministry off Information. He denied claims that lawyers of Mr Asamoah Boateng were prevented from visiting their client at the BNI office and that they interrogated him without his counsel. He said even though he knows some workings of the various ministries he cannot claim to know all, adding that most ministers being the heads of the organization are assisted by other people. Mr Agyapong said even though the minister cannot know everything concerning their ministry he cannot be absolved on the issues of procurement concerning his outfit. He said from the surface of the document there was nothing connecting the minister but from our investigations he is behind the document which is purported to be coming from a different company that won the contract for the renovation of the Ministry of Information. The case of the state was that somewhere in May 2008, Asamoah Boateng was appointed as Minister Information and National Orientation. On assumption of office, Asamoah Boateng, brought Kofi, a retired civil servant, who was then on contract at the Ministry of Tourism. The prosecution said Asamoah Boateng made Kofi the Director of Finance and Administration at the ministry over Denkyira who served as his deputy. Not long thereafter, Asamoah Boateng held a management meeting during which he told senior officials of the Ministry of the need to suspend all investment activities already budgeted for 2008 in order to direct those funds for renovation works at the Ministerial Block. The renovation work included tiling of the offices. For the renovation works to commence, Asamoah Boateng brought Zuleika as the contractor in charge of the renovation works. The prosecution said investigations revealed that Zulieka was not qualified to take up the job adding that at that time, she was in charge of a boutique business known as Lady Zee Intimate and Body Shop which was managed by Yasmine. For the purpose of executing the work, Zuleika contracted her elder sister Irene Lowria Zakpa, a witness in the case, to borrow registered documents for her enterprise known as Plexifom Ventures, which was into interior decoration, import and exports, event and media organisation and landscaping, among other thingss. Zuleika thereafter e-mailed a letter, invoices and receipts to Jasmine to sign them and instructed her to send them to her husband (Asamoah Boateng) for processing. Asamoah Boateng through his secretary handed over the documents to Kofi for processing. Kofi, however, found out that documents were incomplete and informed Asamoah Boateng. After two months, the prosecution said, Asamoah Boateng produced documents from Plexifom Ventures documents in addition to other documents to Kofi who in turn sent it to Sampong, the Acting Chief Director, for processing. The prosecution said these took some time hence Asamoah Boateng became unhappy about the delay because he felt he was going to lose the investment vote as the year was about to end. Consequently, Kofi forged documents purporting to be minutes of the Tender Committee meeting purporting that the documents were the contract of Messers Plexifom Ventures with contract sum of GH�86,915.85 whereas no meeting was held. The prosecution said renovation works had started and the contract was supervised by Yasmine, who purported to be the contractor fronting for Zuleika who knew nothing about construction. After the renovations were completed, Sampong wrote a letter to the Ministry of Finance (MOF) requesting for payment to Plexifom Ventures. The prosecution said in connection with the same job, Agyekum wrote a similar letter to MOF to pay Messers Plexifom the contract sum when he knew no due process was followed. The money was released by MOF through the Controller and Accountant General Department and the fund was released to the Ministry of Information�s local accounts. The head of accounts of MOI insisted that until the required documents were produced he was not going to release the GH�86,915.15. As a result Boateng, Zuleika and Sampong summoned the acting head of accounts to Denkyira�s office to prevail on him to effect payment but he failed to do so. The prosecution said a directive from the Office of the President asked all Ministries, Departments and Agencies not to pay for investments activities. As a result of that Kofi forged invoices and receipts of non-existent companies. According to prosecution, no consultant was engaged in respect of the job but Messers Plexifom obtained forged tender documents, Architecture/Engineering as well as Evaluation reports. Investigations revealed that Arku of SPAL instructed one Agbesi, an employee of the agency, to prepare the said documents to prove regularity and legitimacy. In May, Sampong wrote a letter for a special request for the payment of renovation knowing very well the transaction was embroiled in irregularity and fraud. The prosecution said but for the vigilance and firmness of the head of accounts section, MOI, the GH�86,915.85 would have been paid.