Source: Daily Graphic Ghana - The State’s appeal contesting the acquittal and discharge of businessman Alfred Agbesi Woyome over a GH¢51.2 million judgement debt is to be heard on October 13, 2015.

Hearing notices have since been served on the parties in the case, according to sources at the Attorney-General’s office.
The Attorney-General’s Department, on March 13, 2015, filed a notice of appeal to overturn the High Court’s exoneration of Woyome.

It said the judgement acquitting and discharging the respondent for the offences of defrauding by false pretences and causing financial loss to the state should be set aside.

“That the accused person be convicted of the offences of defrauding by false pretences and causing financial loss to the state,” the notice of appeal filed and signed by a Chief State Attorney, Mrs Yvonne Attakora Obuobisa said.

“The judge erred in law when he stated that the prosecution had woefully failed to establish a case against the accused when he had established a prima facie case against him.

“That having called upon the accused person to open his defence, the judge had established a prima facie case against the accused person and his failure thereon to assess the defence of the accused person as against the evidence led by the prosecution was wrong in law,” the notice of appeal stated.

The notice of appeal further stated that the judgement could not be supported, having regard to the evidence adduced at the trial.

“The judgement cannot be supported having regard to the evidence adduced at the trial,” it said.

More grounds

“The finding of the trial judge that persons such as Betty Mould Idrissu, Honourable Barton Odro, Samuel Nerquaye Tetteh and Paul Asimenu were material witnesses and failure to call them was fatal to the case of the prosecution was wrong in law,” the notice of appeal stated.

“The judge erred by displaying a biassed assessment of the evidence of the prosecution and mounting unwarranted attacks on the prosecution.

“The entire judgement is wrongful in law. Additional grounds may be filed upon receipt of the record of proceedings,” it explained.

Background

Woyome was on Thursday, March 12, 2015, acquitted and discharged on two counts of defrauding by false pretence and causing financial loss to the state.

The High Court presided over by Mr Justice John Ajet-Nasam took on the Attorney-General’s Department for paying GH¢51.2 million to Woyome in 2010 only to turn around to prosecute him for fraud.

It said the prosecutors failed to prove the ingredients of fraud to warrant the court to convict Woyome.
 


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