Counsel for former Chief Executive Officer of Microfinance and Small Loans Centre (MASLOC), Sedina Tamakloe Attionu, has filed an application to stay the trial in her absence.

This comes after the Accra High Court on February 24, 2023, granted an application to conduct the case in her absence after she fled to the United States in 2021 and has since refused to return for the trial.

The court presided over by Justice Afia Serwah Asare-Botwe, a Justice of the Court of Appeal sitting as an additional High Court judge, had previously held that the accused had absconded and subsequently ordered her two sureties – Alex Mould and Gavivina Tamakloe - to forfeit the bail bond and pay the GH¢5 million bail sum.

But her lawyer, Agbesi Dzakpasu, has filed an application for stay of the proceedings in the trial. The application could, however, not be moved because the return date on it was May 4, and the Office of the Attorney General was yet to be served.

The court subsequently adjourned the case to May 4, 2023, to determine the application.

Background

The prosecution had applied for forfeiture of sureties which had been granted and another for the trial to continue in her absence.

Ruling on the application for the trial to continue in the absence of Sedinam Tamakloe, on February 24, Justice Afia Serwah Asare-Botwe said the first accused had “disabled herself of the opportunity to be tried in her presence.”

“It is ordered that per article 19(3)(a) the first accused would be tried in absentia since she has disabled herself of the opportunity to be tried in her presence since she was duly notified,” the judge ruled.

The court said there are two instances for which a person can be tried in absentia, the first is “if the person refuses to come for the trial after he or she has been informed about the trial,” and “If the person behaves in a robust way that disrupts the proceedings of the court.”

Justice Asare-Botwe, a Justice of the Court of Appeal sitting as an additional High Court judge said, “This court is boldened that the first accused is well aware that this case is pending against her as she has participated in the trial for more than one year.”

The court after taking into consideration the ruling of the court earlier on the application for forfeiture made the following orders.

The court ordered that a notice should be served on her of the decision of the court to try her in absentia by serving the order on Agbesi Dzakpasu, her last known lawyer.

The court also ordered the posting of the order on the notice board of the court and at the last known place of the first accused.

Justice Asare-Botwe also ordered that a single publication of the order should be made in a newspaper of national coverage which publication becomes effective after 21 days.

YNA/FNOQ