Friday, 29 June 2012

WOYOME JUDGMENT DEBT TRIAL, JUDGE ANGRY WITH PROSECUTORS


By Felix Engsalige Nyaaba
The trial judge on the GHC51Million judgement debt case involving, Mr. Alfred Agbesi  Woyome, yesterday expressed anger over the manner state prosecutors are constantly demanding adjournments.
Justice Babara Felicity Ackah- Yensu,(Ms.),  did not hide her anger on the seemly slow pace  at which the matter was travelling  and warned the state to get serious.
The case which was filed by the Attorney General in 2010 has been adjourned nine times since the beginning of this year.
She warned the Attorney General department to gets serious in state prosecution on the suit or the court would advice itself on the matter.
According to her, it was so disquieting that, the case which has travelled since 2010 was yet to begin formal hearing and urged the Attorney General to replace the prosecutor if the present one was sick.
The judge’s displeasure remarks followed the absence of the state prosecutor in court for the second time when the case was called for hearing.
Mrs. Dorothy Afriyie Ansah, a senior state Attorney who has been prosecuting the case was absent due to ill health and sent a letter indicating her inability to appear person in court.
She had earlier sent a medical report to the court at the last sitting notifying the court about her ill condition and requested that the case be adjourn to enable her recover and return to prosecute the matter.
The senior state Attorney in her earlier letter requested that the court gives her five working days and the court obliged and adjourned the matter to yesterday.
But when the case was called, the defence counsel was present with the exception of the state prosecutor and the case was adjourned upon a second request of the prosecutor.
However, before adjourning the case, the presiding judge, Ms. Justice Babara Ackah-Yensu said, it was so worrying that, the case which commenced in 2010 was still not getting to an end and proceeding seems not to be progressing and warned the Attorney General to expedite action on the matter or the court would advice itself.
She also confirmed receiving a letter from the Attorney General office that the prosecutor was still  ill and needed an adjournment..
The state has filed a writ at the commercial court in 2010, seeking the court among others to reverse the GHC51.2 million judgement debts paid to the defendant, Mr. Woyome, to the state.
According to the Attorney General, the defendant has obtained the consent judgement against the state through fraudulent means and that further investigation has revealed otherwise on the claims by the defendant,
According to the statement of claim by the Attorney General, the defendant, Mr. Woyome was not entitle to the judgement debt payment, but was dully paid upon using fraud means to claims that he had had contract with the state and needed to be paid.
Aspect of the civil case is also pending at the Court of Appeal, following a ruling the Commercial High Court had granted to the state to file its amended writ and statement of claims.
The case has been adjourned to July 10, this year for continuation.
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