Eugene Baffoe-Bonnie
Defence lawyers in the trial of immediate Board Chairman of National Communications Authority (NCA), have rather unambiguously decided not to rely on a document they requested the Office of the Attorney General to provide them from the NCA.
Two of the lawyers had indicated to the court that they will need the minutes of the 42nd meeting of the financial committee of the NCA in order to successfully cross-examine the state’s second prosecution witness.
The state’s second witness, Dr. Isaac Yaw Ani was in the box, undergoing cross-examination by Thaddeus Sory, lead counsel for Eugene Baffoe-Bonnie.
But the lawyer who told the court that he was almost done with his cross-examination demanded to have access to minutes of the 42nd meeting of the financial committee of the NCA board which he says is crucial to the defence of his client.
He told the court that he would not have any further questions for the witness ones the prosecution provides them with the minutes of the meeting.
Another defence lawyer, Godwin Edudzi Tamakloe, who is lead counsel for William Mathew Tetteh Tevie also told the court that he will also need the minutes of the meeting in order to begin his cross-examination of the witness.
He said if the documents are made available to the court and it is admitted into evidence he may not even need to cross-examine the witness because of its importance.
“The disclosure of that document will help because of an overriding charge of conspiracy. If these minutes is disclosed and admitted in evidence I may not even cross examine the witness. The particular minute was to discuss the agenda whether or not excess expenditures “budget overruns” will be rectified by the financial committee. If that piece of evidence is admitted it will show that the finance committee had the opportunity to discuss into detail the $4 million paid to IDL” the lawyer averred.
The court presided over by Justice Eric Kyei Barfour subsequently adjourned the matter to yesterday to enable Yvonne Attakora Obuobisa, Director of Public Prosecutions get the minutes of the meeting from the NCA for the defence lawyers.
At yesterday’s proceedings however, the lawyers told the court they have been provided with copies of the minutes but because it has not been signed by officials of the NCA, they are unable to rely on it for their cross examination.
Mr. Sorry subsequently brought his cross-examination to a close, giving other defence lawyers the opportunity to question the prosecution witness.
Interestingly, Mr. Tamakloe who vehemently told the court that he would need the minutes to be able to begin his cross examination did not make any mention of the document throughout his close to two hours cross examination of the witness.
He tried to tender a letter written by one Henry Kanon, an official of the NCA, but it was refused by the court because it could not have been tendered through the witness as he is not the author or recipient of the letter.
Trial
The immediate past Board Chairman of the NCA, Eugene Baffoe-Bonnie, together with William Mathew Tetteh Tevie, former Director General of the NCA; Nana Owusu Ensaw, a former chairman of finance sub-committee of the NCA; Alhaji Salifu Mimina Osman, a former National Security Coordinator on the NCA Board as well as a private businessman, George Derek Oppong, Director of Infraloks Development Limited (IDL), have been accused of conspiring to, and successfully causing financial loss to the state.
They are being charged for allegedly creating, looting and sharing a staggering $4 million among themselves under the guise of procuring a Cyber Surveillance System which they claimed was to be used for anti-terrorism activities in the country.
Witness Discharged
The second prosecution witness prosecution witness, Dr. Eric Yaw Ani, has been discharged by the court presided over by Justice Barfour following the end of cross-examination by the defence lawyers.
For a second time, lawyer for Nana Owusu Ensaw, a former chairman of finance sub-committee of the NCA, Samuel Codjoe waived his opportunity to cross-examine the state’s witness, saying “My Lord, there will be no cross examination of the witness”.
Other defence lawyers put it to the witness that it is not always the case that all expenditure at the NCA are captured in the budget of the Authority.
Although the witness agreed to those statements, he explained that in instances where the Authority makes purchases outside its budget, the Director General has to take such a procurement to the board for approval.
Asase Gyima, lawyer for Alhaji Salifu Mimina Osman, a former National Security Coordinator on the NCA Board, put it to the witness that he did not comply with the letter from his client which requested the financial support for the purchase of the purported cyber security system.
But the witness indicated that it is not his responsibility to comply with the request because it was not directed to him.
Another lawyer, Reindolf Twumasi Ankrah, also asked the witness that he will be right to say that he authorized the transfer of the $4 million dollars into the accounts of IDL without any influence or whatsoever from George Derek Oppong, Director of Infraloks Development Limited (IDL). The witness said yes.
The matter was adjourned to October 29, 2018.
BY Gibril Abdul Razak