Four of the remaining five persons in the Quality Grain trial, on Tuesday applied for stay of proceedings pending an appeal on a ruling of the Fast Track Court that they should open their defence because a "prima facie" case had been made against them.

Counsel for the accused persons, Ibrahim Adam, former Food and Agriculture Minister, Kwame Peprah, former Finance Minister, Dr George Yankey and Nana Ato Dadzie, all former senior public officials had filed a notice of appeal. The other accused person, Dr Samuel Dapaah had indicated that he would open his defence.

On Thursday, December 6, the court presided over by Mr Justice Kwame Afreh, overruled a submission of "no case" against the five and acquitted and discharged the sixth accused, Mr Kwesi Ahwoi, former Chief Executive of the Ghana Investment Promotion Centre (GIPC) for lack of evidence.

The court, therefore, asked the five persons to open their defence on Tuesday and when proceedings resumed, they applied for the stay of proceedings. The Judge asked them to convince the court why their application should be granted.

The accused persons are charged with conspiracy and wilfully causing financial loss to the state. They have pleaded not guilty and each of them is on a self-recognisance bail.

Mr David Lamptey, counsel for Dr Yankey contended, that his client had appealed against the ruling because the court erred in law for not "giving reasons" why it overruled his submissions of "no case".

Counsel read a copy of the ruling, which to him, contained reasons why it acquitted and discharged Mr Ahwoi but did not do the same for the five remaining accused persons. He said the court was bound to give reasons in a ruling in matters of submission of "no case", adding, "what is sauce for the goose is equally sauce for the gander".

He quoted legal authorities to buttress his argument and said the court should have analysed and weighed the evidence of the prosecution witnesses and given reasons why it concluded that the five persons had a case to answer. Mr Lamptey said this was one of the grounds of the appeal and urged the court to grant the application.

Mr Kwaku Baah, attorney for Peprah submitted that his client was charged with causing financial loss to the state by causing the government to guaranteed loans for Quality Grain Company for its rice project at Aveyime in the Volta Region.

Counsel contended that the Ministry of Food and Agriculture (MOFA) had written to the Divestiture Implementation Committee (DIC) to divest the assets and equipment on the rice farm, arguing that it was the contention of Peprah that the state had not incurred any loss because the loans granted to the company had been invested in the project.

He said this would "certainly deny my client evidence that no loss has been incurred" if at the end of the matter the court decided otherwise. Counsel, therefore, urged the court to grant the application.

Mr Samuel Codjoe, attorney for Adam said none of the evidence by prosecution witnesses implicated his client and asked that the application be granted.

Earlier, the court dismissed an application by counsel for Dr Dapaah to adjourn the case to December 23 for his client to open his defence. Hearing continues on Wednesday, December 12.