Gifty Oware-Mensah
Former Executive Deputy Director of the National Service Authority (NSA), Gifty Oware-Mensah, has intensified her fight against the order by a High Court in Accra on her to file a list of names and addresses of potential witnesses she will be calling when the time arises.
She has filed an application at the Supreme Court (SC) seeking to stay her trial before the High Court pending the determination of a writ she filed seeking the interpretation of Article 19(2)(c) and 10 vis-à-vis the practice direction on disclosures in criminal trial pursuant to which the High Court made its order.
That notwithstanding, the trial court, presided over by Justice Audrey Kocuvie-Tay, has declined to pause the trial pending the determination of the application by the apex court.
Gifty Oware-Mensah has been dragged to court for allegedly causing financial loss of GH¢6,956,157.47 by causing the state to pay the said amount as interest to the Agricultural Development Bank on a GH¢31,502,091.40 loan inappropriately authorised for Blocks of Life Consult, which she benefitted from.
She has also been accused of stealing and laundering GH¢31,502,091.40 by transferring it from the NSA higher-purchase escrow account with ADB to Blocks of Life Consult “for the purpose of disguising the illicit origin of the money, knowing it to be proceeds of crime.”
She pleaded not guilty to all the five charges read out by the court clerk, and was granted a bail of GH¢10 million with three sureties, two of whom must be justified with landed property within Accra.
On January 22 this year, the court adopted the witness statement of the prosecution’s first witness, Gilbert Sebe-Yeboah, a staff of Agricultural Development Bank (ADB) and began admitting the attached exhibits.
But the trial has since then stalled as a result of the interlocutory applications filed by the accused person challenging the order on her to file the names of the witnesses she will call if the need arises.
The trial court has dismissed multiple applications for stay of proceedings pending the determination processes filed at the Court of Appeal and the Supreme Court.
Her lawyer, Gary Nimako Marfo, told the court yesterday that they had filed an application for stay of proceedings at the Supreme Court pending the determination of the writ seeking interpretation of constitutional provision and the practice direction.
He said the issue of interpretation of 19(2) (c) and 10 of the constitution vis-à-vis the constitutionality of part two and three of the 2018 practice direction is a matter that goes to the heart of Ghana’s criminal jurisprudence.
“And therefore, my lady, it is proper having brought this process to the attention of the court, the court stays its hand in the pending proceedings, pending the hearing and determination of the question of interpretation,” he added.
The Director of Public Prosecution, Yvonne Atakora Obuobisa, opposed the request, noting that the mere filing of application for stay of proceedings at the Supreme Court does not result in the trial court staying its hands.
She said the court can proceed with the trial while the Supreme Court determines the issue of interpretation, noting that the outcome of the Supreme Court creates no miscarriage of justice.
Mrs. Obuobisa added that as at now, the accused has still not filed the list of witnesses as ordered, and therefore urged the court to proceed with the trial.
Justice Kocuvie-Tay held that the court can proceed with the trial subject to the ruling of the Supreme Court.
By Gibril Abdul Razak