General News of Wednesday, 17 July 2002

Source: Chronicle

Hajia Baby Ocansey Trial

A prosecution witness, Mrs. Caroline Kese, former head of the Outward Bill for Collection Unit of the Bank of Ghana, (BoG), was yesterday put on the carpet on the role she played in the clearing of the $1.5 million in the GoB scandal.

Counsel for the 3rd accused, Mr. Ayikoi Otoo, told the Accra regional tribunal, presided over by His Lordship Isaac Douse, that there are "evil forces" at work in the bank and his client, Mr. Justice Archibald Nee Ofosu Larbie, former deputy head of the Banking Department, was worked roped in to the scandal.

Making a submission of no case on behalf of his client, Mr. Otoo, accused Mrs. Kese of not being a witness of truth as her evidence made in court are full of lies.

Counsel challenged the eligibility of Mrs. Kese, who was demoted to an Officer Grade II, after a committee report had blamed her for negligence and incompetence over the scandal, to appear before the court as a witness, where, in actual fact, she caused the loss of that amount to the state.

"I place the loss at the doorstep of Mrs. Caroline Kese," Counsel asserted.

Counsel further submitted that charges of "authorizing and approving the face value of a cheque for $1.5 million without due banking process thus causing financial loss to the state brought against his client contradict evidence with the court."

According to Counsel, the 3rd accused did not approve the payment schedule meant for the release of the cheque presented by the 1st accused, Hajia Baby Ocansey, as there is not identification of a "memo or minutes" on the payment schedule prepared by Mrs. Kese.

He contended that after the preparation of the payment schedule by Mrs. Kese, the 3rd accused demanded that she goes for a re-confirmation of the cheque before he gives approval.

Continuing, he noted that when the 3rd accused asked Mrs. Kese to report back to him, she did not and went further to approve payment by herself, indicating on the payment schedule that the 3rd accused approved payment of the cheque.

Counsel contended that Mrs. Kese, as the head of the OBC unit, is responsible to ensure that bills are properly cleared for payment and, for that matter, did not follow the instructions of her boss, the 3rd accused, thus causing a loss to the state.

Counsel told the court that two payment schedules had been tendered in evidence before the court, one, tendered by the prosecution, indicating no sign of approval by the 3rd accused and the other tendered by the counsel for the 3rd accused, indicating in the handing writing of Mrs. Kese in the words "approved by Mr. Larbie."

Arguing further, Counsel noted that since payment schedule was prepared well before confirmation that shows the astuteness and credibility of his client in asking for a re-confirmation of the payment schedule.

Counsel, therefore, prayed the court to look into the payment schedule tendered before the court since it removes the entire case against the 3rd accused.

Continuing, Counsel noted that his client strictly followed the banking process until the swift message authorizing payment of the cheque "miraculously" got missing on the desk of Mrs. Kese.

He therefore submitted that there is no iota of evidence to show proof of conspiracy for which the court can convict, as there was no approval made for payment by his client.

In view of his submissions, Counsel prayed the court to acquit and discharge the accused.

Meanwhile, the Fast Tract Court (FTC), trying former government officials for their involvement in the Quality grain project, thus causing financial loss to the state, takes off earnestly.

The trial was suspended following the former GNPC boss, Tsatsu Tsikata, challenging the illegibility of the FTC.

This resulted in the Supreme Court decision affirming views expressed by the former GNPC boss, but which was later reversed upon a review filed by the Attorney General, Nana Akufo-Addo.

Justice Kwame Afreh, a Supreme court judge, sitting in as an additional high court judge, warned that the court would take due process of the law if there is any absentee and therefore adjourned sitting to 23rd of this month to prepare both sides ready for the continuation of trial.