Accra — Two legal practitioners, facing charges of fraud before an Accra Circuit court, are taking steps to bar the trial judge from hearing the case before him, in view of certain remarks he made, which were likely to prejudice the case.

In an application filed before a Human Rights Court (HRC), presided over by Justice U.P. Dery, Mr. James Agalga, counsel for Kwame Owusu Asamani, yesterday, argued that the circuit court judge, Mr. D. E. K. Daketsey, would be biased towards his clients in the criminal case placed before him, considering his remarks that the two lawyers were practicing "Animal Farm type of Justice," when they failed to appear before the court.

The court has therefore fixed January 22, 2010 for determining whether or not to prohibit the circuit court judge from further hearing the case before him. Advancing his argument, Mr. Agalga noted that justice should manifestly be done, noting that the trial judge should be prohibited from hearing the case before him, in order to ensure fairness in the administration of justice.

According to the counsel, while the application had been pending before the court, and in the face of an order of prohibition made against the circuit court judge to have nothing to do with the criminal case before him, certain remarks by counsel for the interested parties in the case, that the order was intended to frustrate the trial, was indeed contemptuous of the court.

Mr. Agalga noted that while the criminal case was pending, his clients petitioned the Attorney General (A-G), who ordered the suspension of the case, however, the police went ahead and placed the issue before the circuit court.

He pointed out that he submitted before the court that the A-G had put the trial on hold, but the circuit court proceeded to issue a bench warrant against Ekow Amua-Sekyi, one of the accused persons, for failing to appear before the court.

Additionally, the counsel pointed out that an application was subsequently made at the high court, and the order of the circuit court was quashed, and the court further asked to stay proceedings.

In the face of the order of stay of proceedings placed on the trial judge, the counsel noted that the case was listed by the Registrar for hearing, and in the course of sitting, the judge made certain outbursts that" if the lawyers were farmers at Akontombra, they would not have behaved like this, but since they are lawyers, and practicing an animal farm type of justice, they have failed to appear in court," as he ordered the accused persons to appear in court.

Counsel indicated that the remarks made by the trial circuit court judge flies in the face of justice administration, adding that even though the trial judge was convicted for contempt of court, he still went ahead and made enquiries as to whether to go ahead with the trial, and he was informed by the A-G to proceed with the case.

Mr. Agalga indicated that if the judge was allowed to hear the issue in view of the remarks made, the trial would be marred, as fair trial and justice delivery would be a subject of ridicule.

The application followed a criminal charge of fraud brought against the two lawyers.

The accused persons, Kwame Owusu Asamani and Ekow Amua-Sekyi, who are facing eight counts of conspiracy, forgery of judicial documents, altering of documents, are currently on bail.

They 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.