The High Court in Accra has rejected objections from lawyers for Nana Appiah Mensah, founder of the defunct Menzgold Ghana Limited, against the admissibility of some 29 documents of the case investigator.
Detective Chief Inspector Charles Nyarko, the investigator in the case, attached 29 documents to his Witness Statement as part of his evidence-in-chief to the Court.
However, lawyers for Nana Appiah Mensah, also known as NAM1, led by Kwame Boafo Akuffo, objected to the admissibility of those documents.
He argued that the said documents were not generated by the investigator, therefore, he does not have personal knowledge to testify on them.
Counsel submitted further that some of the documents are business documents for which reasons the investigator cannot be a trustworthy source, especially so because it is official documents.
However, on February 13, the prosecution, led by Director of Public Prosecution (DPP) Mrs Yvonne Atakora Obuobisa, opposed the objection vehemently.
The DPP argued that the investigator – the 8th Prosecution Witness in the case, in his Evidence-in-Chief, seeks to tender a total of 29 documents to buttress the investigation he and the team conducted into the case.
The DPP said each piece of evidence that he (Investigator) seeks to tender is vitally connected to the charges faced by the accused person.
“This makes the documents he (Investigator) seeks to tender extremely relevant and makes its admissibility relevant and without question,” she told the Court.
Ruling
Ruling on the objection on Thursday, March 7, 2014, Justice Ernest Owusu-Dapaa, a Justice of the Court of Appeal sitting as an additional High Court judge said the documents are relevant.
While overruling the objections, he said the investigator who is the 8th Prosecution Witness (PW8) played a key role as lead investigator which makes him competent to tender those documents.
The Court said the PW8 was part of the investigation team, and though he may not have personal knowledge of some of those documents, they are essential to assist the Court.
Justice Owusu-Dapaa said the prosecution was able to lay a proper foundation for the admissibility of the documents; however, the defence is at liberty to confront the Witness during cross-examination.
The Court also ruled that the admissibility of the documents does not put a probative value on it or on the face of it.
The objection raised was overruled and the 29 exhibits admitted in evidence.
EIB Network Legal Affairs Correspondent Murtala Inusah is reporting that the admissibility of the documents has paved the way for the investigator to be subjected to cross-examination.
Contentious documents
Some of the documents (Exhibits) that the defense was seeking to discredit are as follows;
1. Exhibit CN1 is a copy of a letter that the investigator obtained from the Bank of Ghana.
2. Exhibit CN2 is also a copy of letter from Bank of Ghana.
3. Exhibit CN3, is a Public Notice issued by the Bank of Ghana to the GENERAL PUBLIC.
4. Exhibits CN4 and CN5 are public notices issued by the Securities and Exchange Commission
5. Exhibit CN8 and Exhibit CN9 are the company profiles of A2 and A3 respectively
6. Exhibit CN10 is a letter from the ORC in response to a request by the Police investigation team for a list of companies associated with A1.
7. Exhibit CN11 is a document the Police obtained from the Financial Intelligence Centre (FIC)
8 Exhibit CN11, CN12 and CN13 are bank statements of A2 (Menzgold Ghana Limited) and A3 (Brew Marketing Consult) respectively
9. Exhibit 14 is the further Investigation Cautioned Statements from A1 (Nana Appiah Mensah).
10 Exhibit 16 to 15, the objection is in relation to the non-appearance of a Register of Offences number on a Police Caution Statement.
Charges
The Chief Executive Officer of Menzgold Ghana Limited, NAM1, Menzgold and Brew Marketing Consult have been slapped with some 39 counts.
They have pleaded not guilty and are standing trial before the Financial and Economic Division of the Accra High Court.
