Friday, March 10, 2006

PROSECUTION FAILS

PROSECUTION FAILS
Prosecution Fails To Call Vital Witnesses(6/4/2004)
Story:Stephen Sah

Counsel for Dr Robert Doodoo, the immediate past Head of the Civil Service, who is standing trial at an Accra Fast Track High Court, for wilfully causing financial loss to the state, yesterday told the court that the prosecution failed to call material witnesses in the case.Consequently, he said, his client had no case against him for which he should be called to open his defence. Mr Nelson Cofie, the lead counsel, was concluding his submission of no case which he began on May 26, 2004.Dr Doodoo is alleged to have authorised to be paid ¢70.8 million , for the installation of an elevator for an office annex of the Civil Service between 1993 and 1995. The contractor, on receipt of the money, failed to undertake the job and an audit inspection revealed that the elevator had neither been supplied nor installed.He has pleaded not guilty to the charge of causing financial loss and the court, presided over by Mrs Avril Anin-Yeboah, had granted him bail.Counsel said the prosecution’s failure to call representatives of the Architectural and Engineering Services Limited (AESL) and the Ghana Supply Commission (GSC), to testify in the case, was fatal to its case.According to him, that would have proved the case beyond reasonable doubts since those institutions were responsible for putting the contract to tender.“If the institutions had been called they would have disclosed to the court about the existence of the contract”, counsel argued, saying that if the contract had been produced the prosecution would not have started the case at all.He said the evidence of the prosecution witnesses was not credible because they knocked their heads against each other and some accused each other of not telling the truth. Counsel said there could not have been any financial loss which was caused by the accused because at the time that he signed for the release of funds, he did not have evil motives in mind.The case has been adjourned to June 8 for the prosecution to react to the submissions.

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