The High Court of Accra has granted an application by the Attorney General’s Office to hold the trial of the former Chief Executive Officer of the Micro Finance and Small Loans Center (MASLOC), Sedina Tamakloe Attionu, in his absence after he fled to the United States in 2021. and has since refused to return to try.
The Office of the Attorney General filed the motion before the court asking to hold a trial in the absence of the accused, who is on trial for allegedly causing financial loss to the country after he failed to return to the country after his release. passport for him to travel to the United States for a medical checkup.
The court, presided over by Justice Afia Serwah Asare-Botwe, a Court of Appeal judge sitting as an additional High Court judge, on January 24, 2023 ordered the former Chief Executive Officer of the Ghana National Petroleum Corporation (GNPC), Alex Mold and the actor. , Gavivina Tamakloe to pay GH¢5 million to the state for failing to produce the accused who was a surety.
Antecedents
Mrs. Attionu and Daniel Axim face 78 charges including conspiracy to steal, theft, illegal commitment resulting in financial obligations to the government, improper payments, money laundering and violation of the Public Procurement Act.
The prosecution has called seven witnesses, and counsel Daniel Axim was left with one hour to complete cross-examination for the prosecution to close the case.
Lawyer Ms. Attionu, however, sent a letter to the court asking him to release his passport to travel for a medical examination, and the court, presided over by Judge Asare-Botwe, granted the request and ordered him to return to court in October. 5, 2021.
However, he did not, and the court issued an arrest warrant and adjourned the matter to November 16, 2021. He still has not returned for trial.
Therefore the plaintiff, filed two applications; one asked the court to cancel the surety bond and make the surety pay the amount, and the other asked the court to hold the trial in absentia.
Ruling
Judge Asare-Botwe, in his ruling, stated that the court had determined that the accused had escaped, and on that basis ordered the sureties to pay the bail amount to the state.
He concluded that the defendant has absconded and must be tried in absentia, based on his decision in Article 19:3(a) of the 1992 Constitution which states that the trial of a person accused of committing a criminal offense must be conducted in his presence, except when a person is accused of committing a criminal offense. “He refused to submit to the court to have the trial conducted in his presence after being notified of the court.”
He said that the court is “a strong court that A1 (Ms. Attionu) knew that the case was delayed because he had participated in the trial for half a year before asking for permission, not for treatment but to go. for examination.”
Judge Asare-Botwe, therefore, ordered that pursuant to Article 19:3(a) Ms. Attionu will be tried in absentia as she did not have the opportunity to be tried in her presence, as she was notified and aware of the adjournment. from the trial.
He also ordered that a copy of the notice to proceed with the trial in his absence be served on Agbesi Dzakpasu, his lawyer of record, and also by sending a copy of the notice to his last place of residence in Accra.
The court further ordered that the notice be posted on the notice board of the Accra High Court as well as one publication in a newspaper of national circulation and that the posting should last for 21 days. The court then adjourned the case to March 28, 2023.
Meanwhile, Justice Asare-Botwe has ordered Daniel Axim to tell his counsel to be in court at the next hearing to complete the remaining two hours of cross-examination, if the accused will conduct his own cross-examination.
Source: dailyguidenetwork.com
| Disclaimer: The opinions expressed here are those of the authors and do not reflect Peacefmonline.com. Peacefmonline.com accepts no legal or other responsibility for the accuracy of the content. Please report inappropriate content to us, and we will evaluate it as a priority. |
Featured Videos