Capital Bank case: Case management conference set for December 16

Commercial High Court presided over by Justice Eric Kyei Baffour, has rescheduled the case management conference of the case of the Republic versus William Ato Essien and three others to the 16th of December 2019.

This was after State Prosecutors told the Court that they have had to file additional documents together with a pen drive in support of the charges preferred against the four accused persons charged in the case.

In her submissions in Court, Chief State Attorney, Marina Appiah-Opare, indicated that they have had to file the additional documents because they are vital to the case of the State.

Defence lawyers for the accused persons namely Baffour Gyawu Bonsu Ashia, holding Thaddeus Sory’s brief for the 1st and 2nd accused persons, Miracle Attachy, holding Justine Amenuvor’s brief for the 3rd accused person, K.T. Hammond and Godwin Edudzi Tamakloe, for the 4th accused person, did not oppose any of the proceedings in Court.

However, they will during the period of adjournment have the opportunity to critically examine the files of the State ahead of the case management hearing.

Background and Charges

A careful analysis of the charge sheet of the State indicates that the four (4) accused persons have been charged with a total of twenty-six (26) counts. The charges are Conspiracy to Steal contrary to section 23 (1) and 124 (1) of the Criminal Offences Act, 1960 (Act 29), Abetment of Crime namely Stealing contrary to section 20 (1) an 124 (1) of the Criminal Offences Act, 1960 (Act 29), Stealing contrary to section 23 (1) and 124 (1) of the Criminal Offences Act, 1960 (Act 29), and Money Laundering contrary to section 1 (1) (a) of the Anti-Money Laundering Act, 2008 (Act749).

In all, William Ato Essien is charged with eight (8) counts of Stealing contrary to section 23 (1) and 124 (1) of the Criminal Offences Act, 1960 (Act 29), eight (8) counts of Money Laundering contrary to section 1 (1) (a) of the Anti-Money Laundering Act, 2008 (Act749) and three (3) counts Conspiracy to Steal contrary to section 23 (1) and 124 (1) of the Criminal Offences Act, 1960 (Act 29), making it a total of 19 counts that are applicable to him.

Mr. Tetteh Nettey, according to the charge sheet, faces two (2) counts of Stealing contrary to section 23 (1) and 124 (1) of the Criminal Offences Act, 1960 (Act 29), two (2) counts of Money Laundering contrary to section 1 (1) (a) of the Anti – Money Laundering Act, 2008 (Act749) and two (2) counts Conspiracy to Steal contrary to section 23 (1) and 124 (1) of the Criminal Offences Act, 1960 (Act 29), making his a total of 6 counts.

Fitzgerald Odonkor on the other, is charged with seven (7) counts of Abetment of Crime namely Stealing contrary to section 20 (1) an 124 (1) of the Criminal Offences Act, 1960 (Act 29).

The fourth accused person, Kate Quartey-Papafio, has a case to answer on one (1) count each of Stealing contrary to section 23 (1) and 124 (1) of the Criminal Offences Act, 1960 (Act 29), Money Laundering contrary to section 1 (1) (a) of the Anti-Money Laundering Act, 2008 (Act749) and Conspiracy to Steal contrary to section 23 (1) and 124 (1) of the Criminal Offences Act, 1960 (Act 29), making her a total of three (3) counts.

The State estimates that the accused persons have misappropriated about two hundred and sixty-two million, five hundred thousand Ghana Cedis (262,500,000.00).