LAWYER SAMUEL ATTA AKYEA FILE COMPREHENSIVE NO-CASE SUBMISSION ON BEHALF OF ADU-BOAHENE & WIFE
A while ago, before the deadline, lead counsel, Lawyer Samuel Atta Akyea, for former Director-General of the National Security Bureau, Kwabena Adu-Boahene, and his wife, Angela Adjei Boateng, filed a comprehensive Submission of No Case to Answer before the court.
The Attorney-General has been duly served with the defence’s submission.
The defence is urging the court to hold that, having closed its case, the prosecution has failed to place sufficient evidence before the court to establish a prima facie case requiring the accused persons to open their defence.
At the heart of the submission are what the defence identifies as significant evidential gaps, inconsistencies and unanswered questions in the prosecution’s case, including the failure to call material witnesses whose evidence, according to the defence, was necessary to establish critical elements of the charges.
THE KEY QUESTIONS RAISED BY THE DEFENCE
I. WHO OWNED THE ACCOUNT?
The account described by the prosecution as the “State BNC” account was identified in the bank’s records as the “Coordinator’s Account – NSC”, and was used for special operations.
II. WHO SIGNED THE CHEQUES?
The three cheques totalling GH¢49.1 million were signed by the National Security Coordinator. Yet the person who, was best placed to explain the purpose and intended use of the funds was not called to testify.
III. WHAT WAS THE MONEY ACTUALLY FOR?
The defence contends that no prosecution witness established the specific purpose of the GH¢49.1 million. Despite the Court of Appeal ordering the prosecution to provide the purpose of the funds, they failed to do so.
IV. WAS THE MONEY DIVERTED? WHAT WAS THE ORIGINAL DESTINATION?
No prosecution witness was able to identify the lawful destination from which the funds were allegedly diverted. The defence contends that, for the allegation of diversion to suffice, there ought to be an original account for which the monies were supposed to be paid into. The prosecution could not provide any such account.
V. WHERE IS THE SUPPLIER?
The defence points to the failure to call or obtain evidence from ISC Holdings, the alleged supplier of the cyber-defence system, to establish the prosecution’s claims that the invoice was false or that the system was never delivered.
VI. WHERE IS THE MONEY TRAIL?
The defence challenges the prosecution’s tracing exercise, including transactions classified as “dissipation,” as well as the alleged connection between the GH¢49.1 million and various properties, vehicles, investments and businesses.
VII. 488 PAGES OF BANKING RECORDS
The defence also points to 488 missing pages of relevant banking records, raising questions about the completeness of the financial reconstruction relied upon by the prosecution.
VIII. WHERE ARE THE HOUSES, CARS AND BUSINESSES LINKED TO THE GH¢49.1 MILLION?
The alleged connection between the GH¢49.1 million and the properties, vehicles, investments and businesses relied upon by the prosecution is also challenged.
PW4 acknowledged that ownership documentation for the properties was not before the court, that investigations were still ongoing, and that he could not establish a connection between the GH¢49.1 million and the alleged houses, frozen vehicles, investments and businesses.
IX. WHERE ARE THE MATERIAL WITNESSES?
The defence contends that key witnesses with first-hand knowledge were never called.
The immediate past National Security Coordinator, the current Coordinator, and the current and past National Security Ministers were not called to explain critical aspects of the case.
The prosecution also relied heavily on bank documents without calling bank officials to testify to those records.