Skytrain case: Prosecution closes case, court gives accused 3 weeks to file submission of no case
The prosecution in the trial of Solomon Asamoah and Prof. Christopher Ameyaw-Akumfi, former CEO and Board Chairman of the Ghana Infrastructure Investment Fund (GIIF), has brought its case to a close, after calling three witnesses to firm up its case against the accused persons.
Asamoah and Prof. Ameyaw-Akumfi are accused by the state of conspiring to cause financial loss of $2 million intended for building the SkyTrain system, which was never constructed.
The prosecution’s case is anchored on the allegation that the project did not receive approval from GIIF’s board, the principal body responsible for the fund’s actions, omissions, and liabilities.
Testimony
A former board member of the GIIF, Yaw Odame-Darkwa, Asamoah, told the court the the board did not approve the transaction.
He added that a dorument in which Asamoah informed the Board that “following the approval by the board that the sum of $2 million be invested in the Skytrain project with GIIF as the anchor investor in return for a 10 per cent stake”, was only an update and not an approval.
“This is merely an update by the CEO on the SkyTrain project, because at the time, the project was still at the investment committee” the witbess said
The second prosecution witness, former Board Secretary of the fund, Kofi Boakye also testified that the Board did not approved the SkyTrain project.
“During my tenure as a member of the Board, we approved several projects however, the Board did not approve the Sky Train project.
"Additionally, the Board did not approve the $2 million payment,” Mr Boakye said.
A staff officer at the National Intelligence Bureau (NIB), Francis Aboagye, who led investigations into the matter, also led evidence to corroborate the testimonies of the first two witnesses.
Laywers for the accused persons after prosecution closed its case, have indicated their intention to file a submission of no case, a right granted to accused persons under Section 173 of the Criminal and Other Offences Act (Procedure) Act, 1960 (Act 30).
Specifically, it gives accused persons the opportunity to convince a court that the prosecution had failed to make a prima facie case to warrant them opening their defence.
In the event a trial court finds merit in a submission of no case, the accused persons are discharged, but if not, they are directed to open their defence.
The court presided over by Justice Audrey Kocuvie-Tay has given the accused three weeks to file their application.
