Court dismisses NAM 1’s objection to refuse investigator’s documents
The High Court in Accra has overruled an objection seeking to prevent the case investigator in the case in which CEO of defunct Menzgold Ghana Limited, Nana Appiah Mensah, aka NAM1, has been accused of defrauding his customers of GH¢ 340,835,650, from tendering some documents as part of his evidence-in-chief.
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In a ruling to determine the motion filed by NAM 1’s lawyers Thursday, Justice Ernest Owusu-Dapaa, a Justice of the Court of Appeal, said the documents were relevant.
He said the investigator, Detective Chief Inspector Charles Nyarko, who is the eighth prosecution witness, played a key role as lead investigator making him competent to tender those documents.
He said though the investigator might not have personal knowledge of some of those documents, they were essential to assist the court.
Justice Owusu-Dapaa added that the prosecution was able to lay proper foundation for the admissibility of the documents, adding: “however, the defence are at liberty to confront the witness during cross-examination”.
Documents
Detective Chief Inspector Nyarko attached the 29 documents in contention as part of his evidence-in-chief to the court.
However, counsel for the accused, Kwame Boafo Akuffo, objected to the admissibility of the documents.
He argued that the said documents were not generated by the investigator and therefore did not have personal knowledge to testify on them.
Counsel further submitted that some of the documents were business documents for which reasons they could not be the trustworthy.
Opposed
The Prosecution, led by Director of Public Prosecution (DPP), Mrs Yvonne Atakora Obuobisa, opposed the objection on February 13.
She argued that the Investigator in his Evidence-in-Chief sought to tender the documents to buttress the investigation he and the team conducted into the case.
The DPP said each piece of evidence that he (Investigator) sought to tender was vitally connected to the charges faced by the accused persons in the court.
“This makes the documents he (Investigator) seeks to tender extremely relevant and makes its admissibility relevant and without question,” she told the court.
The court has since dismissed the objection by lawyers for NAM 1, paving the way for the case investigator to be cross-examined.
Charges
NAM1 and two of his companies — Menzgold Ghana Limited and Brew Marketing Consult Ghana Limited — have been charged with 39 counts of selling gold without a licence, operating a deposit-taking business without a licence, inducement to invest, defrauding by false pretence, fraudulent breach of trust and money laundering.
The allegations levelled against them relate to defrauding their customers of various sums of money between 2016 and 2018, totalling GH¢340,835,650.
NAM1 has pleaded not guilty to all the charges and is on bail of GH¢500 million with four sureties.
