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The commercial division of the Accra High Court has ordered five people accused of causing a financial loss of $ 4 million to the state to open their defense after setting up of a prima facie case against them.
The trial judge, Judge Eric Kyei Baffour, concluded that the prosecution had established a prima facie case against Eugene Baffoe-Bonnie; William Tetteh Tevie, former Chairman of the National Communication Authority (NCA); former executive director of the NCA; Nana Owusu Ensaw, former member of the board of directors; Alhaji Salifu Mimina Osman, former Deputy National Security Coordinator and businessman, George Derek Oppong.
However, Ensaw was acquitted on four charges, namely conspiracy, deliberately causing financial loss to the state, use of public office for profit, and intentional misapplication of public property.
The various charges against the other defendants, namely conspiracy, deliberately causes the state financial loss, use of public office for profit, theft, money laundering and misuse of public property, are still valid.
In addition, Ensaw will open his defense to refute the charges of money laundering and theft.
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They should open their defense on May 30, 2019.
Baffoe-Bonnie is scheduled to testify on that day, unless the defense team has appealed the appeal decision of today's decision.
Decision
Citing the authorities and the evidence adduced by the court to support his decision, the trial judge found that the accused, with the exception of Oppong, were public servants at the material time.
Judge Baffour found that the prosecution had gathered enough evidence to justify the court's decision to invite them to open their defense.
The defendants, who were visibly dissatisfied with the court's decision, left the courtroom with their equally unhappy lawyers and family members.
The lawyers did not ask themselves whether or not they would appeal the court's decision.
Submissions
The defendants' lawyers did not submit any written complaints and indicated that the prosecution failed to prove their clients prima facie.
They therefore asked the court to release their clients, but the prosecution disagreed.
The state has called six witnesses in total.
facts
The defendants are on trial for their alleged involvement in the embezzlement of public funds in the amount of US $ 4 million when buying devices for the national security, sponsored by the NCA.
They have pleaded not guilty to all charges and are currently on bail in the amount of one million dollars each.
According to the facts of the case, Oppong would have badisted Baffoe-Bonnie, Tevie and Osman to indulge in the alleged illegal act.
The prosecution said the previous government had used an Israeli company, NSO Group Technology Limited, to provide $ 6 million worth of listening material to allow the authorities to monitor the charges. conversations of people suspected of engaging in terrorist activities.
A local agent, Infraloks Development Limited, charged $ 2 million to facilitate the transaction, bringing the total to $ 8 million.
The facts indicate that national security did not have the money to finance the transaction and that, for this reason, the NCA, which had jurisdiction to supervise the use of the equipment, was charged with financing the project.
He said $ 4 million had been withdrawn from the NCA account, while one million on the amount withdrawn had been deposited in the account of the Israeli company.
According to the state, the remaining $ 3 million was deposited into Oppong's account, which acted as a representative of local agents Infraloks Development Ltd.
The prosecution stated that Osman would have presided over the entire operation.
The defendants then laundered the amount for their benefit.
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