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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