Kwabena Adu-Boahene
The court conducting the trial of former Executive-Director of National Signals Bureau (NSB), Kwabena Adu-Boahene and three others has dismissed another application asking the Attorney General to supply him with certain documents he said are crucial for his defence.
His lawyer had filed an application asking the court to order the Attorney General to make available the addresses of two properties located in Kumasi and London, the United Kingdom respectively.
Mr. Adu-Boahene is before the court together with wife, Angela Adjei-Boateng and two others for allegedly stealing GH¢49.1 million from the state in a purported deal to procure a cybersecurity system for the country.
The two together with Mildred Donkor and Advantage Solutions Limited are facing 11 counts of conspiracy to commit crime, stealing, using public office for profit, money laundering and causing financial loss to the state.
According to the prosecution’s brief fact before the court, Mr. Adu-Boahene had transferred state funds into a private bank account which he used to purchase various landed properties, including the ones on which he sought the disclosures.
The application had also asked the court to order the prosecution to provide the accused with document detailing the values of the properties, a copy of the title deed, the date of their acquisition by Mr. Adu-Boahene and his wife, and how the acquisition connects with the Attorney General’s mantra of Adu-Boahene transferring funds from the state BNC into a “private BNC account”.
Moving the motion, Samuel Atta Akyea, counsel for the couple, submitted that all the evidence that are consistent with the innocence of the accused persons should be laid bare before a court of law, equity and good conscience.
“My Lord, I crave your indulgence not to deprive me of the opportunity of receiving these discourses which are intended to expose the poverty of the Attorney General’s case and bring justice to bare,” he added.
Opposition
The application was opposed by Deputy Attorney General, Dr. Justice Srem-Sai, who also submitted that the defence counsel’s argument discloses a relatively limited apprehension of the purpose of disclosures in criminal matters.
He said documents being sought for by defence must be first of all be relevant to the circumstances of the case and must be in the possession of the prosecution.
“To be relevant, evidence must have a consequence on the determination of the matter in issue. So, the question is whether the two materials which are subject matter of this application are of any consequence to the determination of the guilt or otherwise of the accused persons,” he argued.
He added that the prosecution has disclosed all information that has come into their possession concerning the requests that have been made.
He, therefore, asked the court to dismiss the application and not make an order which is not capable of being enforced.
Justice Eugene Nyante Nyadu, the presiding judge, in his ruling held that by whatever means the Attorney General intended to prove ownership of these two properties, the information, if not yet disclosed to the couple, would have to be disclosed to them as and when they come into the custody of the prosecution.
He added that since disclosure is an ongoing process, he will order the prosecution to make disclosure in respect to the London and Kumasi properties as and when same comes into the prosecution’s custody.
BY Gibril Abdul Razak