The High Court in Accra recently made a significant ruling in the ongoing case involving the founder of the defunct Menzgold Ghana Limited, Nana Appiah Mensah. The court rejected objections raised by NAM1's legal team against the admissibility of 29 documents presented by the Investigator in the case.
Detective Chief Inspector Charles Nyarko, the Investigator, included these 29 documents as part of his evidence-in-chief, attaching them to his Witness Statement. However, NAM1's lawyers objected to the admissibility of these documents, arguing that they were not generated by the Investigator and therefore lacked the necessary personal knowledge for testimony.
The Prosecution, led by Director of Public Prosecution (DPP) Mrs Yvonne Atakora Obuobisa, vehemently opposed this objection. The DPP argued that each piece of evidence sought to be tendered by the Investigator was vitally connected to the charges faced by the accused persons, making their admissibility unquestionably relevant.
In a ruling delivered by Justice Ernest Owusu-Dapaa, the objections were overruled. Justice Owusu-Dapaa emphasized that the Investigator, as the 8th Prosecution Witness, played a key role in the investigation and was competent to tender the documents. He further stated that while the Investigator may not have personal knowledge of all the documents, they were essential to assist the court.
The contentious documents included letters from the Bank of Ghana, public notices issued by regulatory bodies, company profiles, bank statements, and cautioned statements from Nana Appiah Mensah.
This ruling has paved the way for the Investigator to be subjected to cross-examination, marking a significant development in the case. The accused individuals, including NAM1, are facing a total of 39 counts and have pleaded not guilty. They are currently standing trial before the Financial and Economic Division of the Accra High Court.
The admissibility of these documents marks a crucial step in the legal proceedings, and it will be interesting to see how this development shapes the course of the case moving forward.
As this case continues to unfold, it serves as a reminder of the complexities involved in legal proceedings and the meticulous scrutiny given to the admissibility of evidence in court. We will continue to monitor this case closely and provide updates as it progresses.
-source Starrfm | curated by Aisha Yakubu | Ghana Crimes
