The judge conducting the trial of embattled Chief Executive Officer of Menzgold Ghana Limited, has threatened to commit lawyers in the case to prison if they fail to show the necessary courtesy to the court.
According to Justice Ernest Owusu-Dapaah, a Court of Appeal judge sitting as an additional High Court judge, he will not tolerate any disrespect from any of the lawyers in the matter and will not hesitate to use the powers granted him by the constitution.
He said if the disrespect continues, he will commit the lawyers for contempt of court and send them to prison, indicating that not even the President can get him to rescind that decision.
Justice Dapaah gave the caution after a long back and forth between the Director of Public Prosecutions, Yvonne Atakora Obuobisa and Kwame Akuffo, counsel for NAM1 and his companies.
NAM1 and two of his companies – Menzgold Ghana Limited and Brew Marketing Consult Ghana Limited are facing 39 counts of defrauding by false pretence, inducing members of the public to invest and money laundering.
The prosecution yesterday called its third witness and the defense raised questions about the propriety of the witness speaking Twi language and same being interpreted when his witness statement filed before the court was in English language.
Mr. Akuffo had argued that the excuse from the prosecution that the witness was more comfortable in speaking Twi was inadmissible, adding that the conviction or acquittal of his client is based on the evidence of the witness.
He indicated that there should have been a jurat to the witness statement, adding that the absence of one meant the witness was bound to speak English language for both his evidence in chief and the cross-examination.
The objection was opposed by Mrs. Obuobisa, who argued that the witness is a literate who can read and write English but is more comfortable testifying in Twi, hence there was no need for a jurat.
She also argued that the fair trial principle does not only apply to the accused but also the prosecution, hence a witness who chooses to express himself in Twi should not be compelled to speak English simply because his statement before the court was written in English.
Mrs. Obuobisa also added that the witness’ decision to speak Twi does not result in any miscarriage of justice to NAM1 and his companies.
It was at this point that Mr. Akuffo interjected, resulting in a back and forth between him and the DPP, both on their feet, and the exchanges went on for a while.
The judge then interrupted them and said if such conduct continued, he will go ahead and commit any lawyer for contempt and will send them to prison.
“Not even the President can get me to rescind that decision unless he exercises the Presidential Pardon,” Justice Owusu-Dapaah cautioned.
He said lawyers must respect the authority of the court given it by the constitution and the sovereignty of Ghana.
“If you don’t understand that, you may be 100 years at the Bar but if I sit here I’m not exercising my own sovereignty but the sovereignty of Ghana. If you cannot respect that I will jail you,” he intimated.
Justice Owusu-Dapaah also added that he doesn’t care who wins or loses the case, as he is only interested in the truth, adding that “this is the atmosphere we must keep in the courtroom.”
Witness ‘Tampering’
The DPP yesterday indicated that some of their witnesses have complained that they are being called by persons closely associated with NAM1, telling them not to testify in the matter.
Although she did not mention any names, she said it was important for the court to take judicial notice of what their witnesses have indicated.
Mr. Akuffo, who was not impressed with the allegation, asked that the names of the witnesses who made the allegations be disclosed.
He said the allegation did not only affect NAM1 but also affects his integrity as a lawyer, adding that the allegation has the tendency of prejudicing the judge in the case.
NAM1’s Safety
Meanwhile, Justice Owusu-Dapaah has once again cautioned complainants and aggrieved customers of the company not to attack NAM1 as alleged.
He said it had come to his attention that some of them attempted to attack NAM1, but urged them not to do so as they may end up finding themselves in trouble.
He said it is because they believe in the law that is why they came to court, so they should allow the court to determine the case.
The trial was adjourned to January 23, 2024 for the prosecution to call its fifth witness.
Source: Gibril Abdul Razak