The GIA Case: Defence demands prosecution's papers

Tuesday, May 11, 2010
By Stephen Kwabena Effah

THREE of the five persons being tried for their alleged complicity in the liquidation of Ghana Airways and the formation of the Ghana International Airline Limited, are requesting for all documents that the prosecution intends to rely on for its case.

But the Attorney General has opposed the request, which was put forward by three of the five persons at the Accra Financial High Court where the case is to be heard.

The three are Dr Richard Anane, former Minister of Transportation; Dr Anthony Akoto-Osei, former Minister of State at the Ministry of Finance and Economic Planning; and Kwadwo Mpiani, former Presidential Affairs Minister.

They argued that under Article 19 (1) and (2e) their clients are entitled to a fair trial within a reasonable time, as well as adequate time and facilities for the preparation of their defence.

As such, they are urging the court to order the prosecution to provide them with all exhibits and documents that the prosecution would rely on to put up a case against their clients.

Meanwhile, the court presided over by Justice Bright Mensah, was compelled to adjourn the case to May 17, because the A-G’s affidavit in opposition to the defence request was not served on the defendants until yesterday morning.

This is to afford the defence the opportunity to study the A-G’s affidavit and respond appropriately if the need be.

Other accused persons on trial in the case are Professor George Gyan- Baffour, former Deputy Minister of Finance and Economic Planning and former Greater Accra Regional Chairman of the New Patriotic Party, Sammy Crabbe.

The five accused persons now variously face 22 counts of conspiracy, willfully causing financial loss to the state, defrauding by false pretences, deceit of public officer, misapplication of public funds, opening of an offshore account without authority from the Bank of Ghana, and stealing.

They have all pleaded not guilty to their charges and have been granted GH¢300,000 self-cognisance bail.

Four more people, who were not named, are said to be outside the jurisdiction of the court.

Meanwhile, the court room and premise was yesterday filled with some former government officials and members of the NPP.

Leading them were aspiring NPP flagbearer, Nana Akuffo Addo, Professor Mike Oquaye, Dr.Konadu Apraku, Sheikh I.C.Quaye, Shirley Ayorkor Botchwey and Frema Opare.

There was spontaneous cheers by supporters of Nana Addo who flooded the court premise moments after he stepped out of the courtroom.

Giving a background of the case Ms Aikins said four applications submitted to the government of Ghana to help turn round the fortunes of the ailing Ghana Airways were presented to Pricewaterhouse Coopers (PWC) for evaluation in 2004.

She said in order of merit, the technical evaluation rated KLM/Kenya Airways Fidelity 67 70 per cent, Ghana Partners 51 per cent and Ghana International Airlines 44 per cent and Corporate Trade solutions, 31 per cent.

She said Dr Anane shifted the goal post to suit the third placed bid by demanding that government would like to partner who would put in equity though there was no real reason for that.

Ms Aikins said an evaluation was completed and in their report of April 22, 2004 PWC noted that “in its current form it is difficult to identify what benefits the plan offers the government. The GIA plan does not meet all the ministry’s requirement as specified”.

She said as far back as 2003/2004, Mr Crabbe had been operating an unincorporated company known as GIA and acted with Dr Anane to mislead cabinet that GIA USA LLC was in existence and was a reputable company.

Ms Aikins said prosecution would lead evidence to show that despite the existence of the factors, Mr Mpiani, Dr Osei and Prof Gyan Baffuor unlawfully disbursed or authorised the disbursement of 56 million dollars to the then floundering company, GIAL.

She said prosecution would also lead evidence to show that under the shareholders’ agreement signed on November 30 2004, the government represented by Mr Yaw Osafo Marfo, then Minister of Finance delivered the equity share of 4.9 million dollars which the Minority, represented by one Jonathan Duga, was to contribute 2.1 million dollars.

The prosecution said Mr Crabbe and his group deposited their share capital into Stanchart New York USA in GIAL’s account but they secretly took 1.9 million of the deposited equity without authorisation.

Mrs Aikins said with the theft, Mr Crabbe and his Minority group had since refunded 1.2 million dollars of the amount leaving an outstanding 700,000 dollars.

She said prosecution would lead evidence to show that the so called strategic partners had left the GIAL, that they had stolen part of the much needed initial equity and that there was no management to run the airline.