Court rejects NAM1’s objections against investigator’s 29 exhibits

Detective Chief Inspector Charles Nyarko, the Investigator in the case as part of his evidence-in-chief to the court as contained in his Witness Statement attached some 29 documents to it.

But, lawyers of Nana Appiah Mensah also known as NAM1 led by Kwame Boafo Akuffo objected to the admissibility of those documents.

He argued that, the said documents were not generated by the the Investigator and therefore does not have personnel knowledge to testify on them.

Counsel submitted further that, some of the documents are business documents for which reasons cannot be the trustworthy source especially so because, it is official documents.

However, the Prosecution led by Director of Public Prosecution (DPP) Mrs Yvonne Atakora Obuobisa opposed to the objection vehemently on February 13.

The DPP, argued that, the Investigator – 8th Prosecution Witness in the case, in his Evidence-in-Chief seeks to tender a total of 29 documents to buttress the investigation he and the team conducted into the case.

The DPP said each piece of evidence that he (Investigator) seeks to tender is vitally connected to the charges faced by the accused persons in the court.

“This makes the documents he (Investigator) seeks to tender extremely relevant and makes its admissibility relevant and without question,” she told the Court.

Ruling

Ruling on the objection on Thursday, March 7, 2014, Justice Ernest Owusu-Dapaa, a Justice of the Court of Appeal sitting as an additional High Court judge said the documents are relevant.

While overruling the objections, he said the Investigator who is the 8th Prosecution Witness (PW8) played a key role as lead investigator which makes him competent to tender those documents.

The Court said, the PW8 was part of the investigation team and though he may not have personal knowledge of some of those documents, they are essential to assist the court

Justice Owusu-Dapaa said prosecution was able to lay proper foundation for the admissibility of the documents, however, the defence are at liberty to confront the Witness during cross-examination.

The Court also ruled that, the admissibility of the documents does not put probative value on it on the face of it.

The objection raised was overruled and the 29 exhibits admitted in evidence.

EIB Network Legal Affairs Correspondent Murtala Inusah is reporting that, the admissibility of the documents have paved the way for the Investigator to be subjected to cross examination.

Contentious documents

Some of the documents (Exhibits) that the defense was seeking to discredit are as follows;

1. Exhibit CN1 is a copy of a letter that the investigator obtained from Bank of Ghana.

2. Exhibit CN2 is also a copy of letter from Bank of Ghana.

3. Exhibit CN3, is a Public Notice issued by the Bank of Ghana to the GENERAL PUBLIC.

4. Exhibits CN4 and CN5 are public notices issued by the Securities and Exchange Commission

5. Exhibit CN8 and Exhibit CN9 are the company profiles of A2 and A3 respectively

6. Exhibit CN10 is a letter from the ORC in response to a request by the Police investigation team for a list of companies associated with A1.

7. Exhibit CN11 is a document the Police obtained from the Financial Intelligence Centre (FIC)

8 Exhibit CN11, CN12 and CN13 are bank statements of A2 (Menzgold Ghana Limited) and A3 (Brew Marketing Consult) respectively

9. Exhibit 14 is the further Investigation Cautioned Statements from A1 (Nana Appiah Mensah).

10 Exhibit 16 to 15, the objection is in relation to the non appearance of a Register of Offences number on a Police Caution Statement.

Charges

The Chief Executive Officer of Menzgold Ghana Limited, NAM1, Menzgold and Brew Marketing Consult have been slapped with some 39 counts.

They have pleaded not guilty and are standing trial before the Financial and Economic Division of the Accra High Court.