...as AG's Department takes over prosecution
Accra, March 20, GNA - The State on Friday preferred fresh charges against Daniel Charles Gyimah, Managing Director of the National Investment Bank (NIB), as the Attorney-General's Department took over prosecution from the police.
Gyimah is now being held on charges of attempting to commit crime, to wit, causing financial loss to the State and forgery of documents. He has pleaded not guilty and the court has ordered him to be on his former bail, that is, GH¢500,000 with four sureties one to be justified.
The circuit court judge, Mr D.E.K. Daketsey ordered Gyimah to be reporting to the Police every fortnight. Gyimah was earlier held for wilfully causing financial loss to the State.
Deputy Superintendent of Police (DSP) P.K. Frimpong took leave of the court to withdraw the charges and substituted them when the case was called.
Colonel Alex Johnson (Rtd) who led the team of three defence lawyers expressed surprise that the prosecution could not give them any notice with respect to the changes made in charges against Gyimah.
"As at now we do not have copies of the charges," defence counsel pointed out.
Col Johnson decried the way and manner his client was being tried by the media although he had pleaded not guilty.
He said they were ready for the trial, noting that at the opportune time they would prove their innocence.
The prosecution in response to the submissions of the defence said they were at a loss, saying accused was not being tried on indictment. Prosecution said Gyimah had been cautioned on the amended charges adding, that was a notice.
Reading out the new facts, the prosecution told the court that on May 7, 2007, in an attempt to wilfully cause financial loss to the state, Gyimah unilaterally entered into an agreement with Eland International Limited Ghana in which he used the bank as a guarantee.
Based on that Gyimah issued 30 promissory notes valued at 60 million United States dollars to Eland, whose secretary is his son. The prosecution said Eland contacted Iroko Security Company Limited within the period and quickly discounted the 60 million dollars and the promissory notes for 45 million dollars.
On January 29, this year, the International Bank Section of NIB received a swift message requesting the bank to confirm payment of the promissory notes.
The prosecution said Gyimah was therefore notified of the irregularity of the message by head of the bank's International Banking Section. Gyimah on receipt of the notice ordered the Department to confirm and it was complied with.
Meanwhile, the prosecut ion said, the document on the deal between NIB and Eland cannot be traced, as Gyimah claims the documents were missing from their records.
In statement to the Police, Gyiamh admitted having guaranteed on behalf of NIB adding he made a mistake by not informing the bank's Board of Directors.
Investigations revealed that several documents including a report on goods under the control of NIB for Eland as at December 1, last year had been detected as forged by Gyimah.
