Ivy Benson
6 November 2009
The trial of two prominent legal practitioners at an Accra Circuit court on charges of fraud, has taken a dramatic twist, as a restraining order has been placed on the court.
The court, presided over Mr. D. E. K. Daketsey, has been prevented from hearing the case, after the two accused persons, Kwame Owusu Asamani and Ekow Amua-Sekyi, sought an injunction against former before Justice U.P. Dery, a High Court judge.
The recent order came on the heels of an authority order given by the Chief Justice and the Attorney General that the trial of the case should go on, in spite of a contempt of court conviction secured by the accused persons before a High Court, against the circuit court judge, who was doing his legally-mandated job.
Peeved by the latest development of the case, the complainants in the case, Mr. Gordon Etroo and Mr. Kwame Opoku, through their counsel, had indicated their intention to join the case, following the instruction of the circuit court judge to his lawyers to contest the restraining order against him.
Speaking to journalists after the trial, the circuit court judge held an in-camera meeting with the parties to the case, which saw the accused persons' absence.
Nana Ato Dadzie, counsel for the interested parties, noted that the circuit court judge had indicated his receipt of an injunction order served on him.
According to Nana Ato Dadzie, the circuit court judge had noted that he had no personal interest in the case, and had instructed his lawyers to contest the order made against him.
Nana Ato Dadzie stated that the case had been called several times and the accused persons had never made any appearance in court before, adding that the accused persons should have been in court to state their case for not appearing in court.
He pointed out that it had taken two years for the case to be brought before the court for trial, noting, "It is the authority of the Attorney-General to try the case, and the Chief Justice to empanel a judge on a case."
The counsel asserted that in as much as it was the right of the accused persons, the processes they indulged in, was made to frustrate the trial of the case.
The accused persons, Kwame Owusu Asamani and Ekow Amua-Sekyi, who are facing eight counts of conspiracy, forgery of judicial documents, altering of documents, had earlier on succeeded in getting the High Court judge to quash a bench warrant issued by the circuit court for their arrest, when they failed to appear in court to defend criminal proceedings brought against them.
The accused persons, who are currently on bail, were alleged to have defrauded a businessman, Howard Eric Ewen, of thousands of Ghana cedis, amounting to US$850,000 in 2007, with the pretence of transferring the ownership of a gold mining business entity into his name.
According to the prosecutor, one of the accused persons, Owusu Asamani, on March 14, 2007, acted as lawyer for Axex Co. Ltd, and obtained judgement in suit No BMISC 273/07, against Kwame Opoku and two other defendants.
The court heard that after the judgement, Owusu Asamani conspired with Ekow Amua-Sekyi, who was acting as a lawyer for Samuel Gordon Etroo, and forged suit No BMISC 350/07, which was titled ALEX CO LTD.
The accused persons, according to the prosecution, fraudulently inserted SAMETRO CO. LTD. as the 4th defendant in this writ, even though the company was not a defendant in the suit.
The accused persons were further noted to have forged a judgment titled Axex Co. Ltd. on March 18. 2007, in which they inserted a 3rd order for the recovery of Esaase Gold Mine, and purported that it was made by His Lordship Justice Ofori Attah, a High Court judge.
The prosecution indicated that the accused persons prepared a Deed of Assignment, unknown to Gordon Etroo, and scanned his signature on to it. "They managed to have it registered at the Lands Registry with No 28/2007, and presented it to Eric Ewen, Managing Director of Keegan Resources, who signed," the court was told.
Prosecution noted that the accused persons, without the knowledge of Gordon Etroo and Kwame Opoku, initiated a civil suit No BL35/07 titled Kwame Opoku Vrs. SAMETRO Co. Ltd, which was heard before Justice Lartey-Young on March 20, 2007.
Amua Sekyi, the prosecution pointed out, made certain admissions based on which the judge ordered that the Bonte Esaase Mine be assigned to Kwame Opoku, and further used the judgement to obtain the consent of the then Minister for Land, Forestry & Mines, to assign the Esaase Mines to Howard Eric Ewen of Keegan Resources.
Additionally, the prosecution told the court that on June 18, 2007, Eric Ewen issued a Stanbic Bank cheque No. 021550, for US$850,000.00 to Joseph Kwame Owusu Asamani to complete the "fraudulent assignment on Bonte Gold Mine" from Etroo to Eric Ewen.
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