I’ll not countenance further adjournment of case — Judge
The High Court judge hearing the case in which the Chief of Banka, Nana Osabarima Twiampomah III, is standing trial for stealing has warned that he will not countenance any further adjournment of the case.
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Mr Justice Charles Quist issued the warning after a lawyer, Mr Wallace Bruce-Cathline, who is a witness in the case, had failed to appear before the court to testify on a number of occasions.
Mr Bruce-Cathline was said to have been involved in a motor accident over a month ago and when the case was called at the last sitting in Accra, the court was informed that the witness had gone for a medical check-up, prompting the judge to issue the warning.
Nana Twiampomah is alleged to have misappropriated US$150,000 meant for developing Banka.
Banka is a town in the Asante Akyem South District in the Ashanti Region.
Nana Twiampomah, 52, pleaded not guilty to the charge of stealing when he first appeared before the court on September 4, 2012.
He was released on GH¢50,000 bail, with one surety to be justified.
Nana Twiampomah was also made to sign a bond not to travel outside the country until the matter had finally been determined.
According to the prosecutor, Mr Matthew Amponsah, in 2000, Gulf Coast Resources Limited (GCRL) acquired a mining lease for a period of 10 years from the Minerals Commission to mine gold on Banka lands.
The mining lease expired in 2010.
When the lease expired, GCRL wrote a letter to the Minister of Lands, Forestry and Natural Resources for renewal.
According to Mr Amponsah, in a letter dated June 10, 2010, the accused person and the people of Banka petitioned the ministry not to renew the lease because GCRL failed to fulfil its corporate social responsibility for the period the land was leased to it.
Following that challenge, GCRL entered into negotiations with the accused and the people of Banka, during which the company promised to pay $150,000 to the community for development purposes.
Later, the accused and his people, in a letter dated January 13, 2011, wrote to the ministry to withdraw their petition and the mining lease was renewed for another 10 years, starting from 2011.
Mr Amponsah said after the mining lease was renewed, GCRL paid the agreed amount and subsequently transferred its rights to another mining company, Banka Gold Limited.
Payment
According to the prosecution, GCRL paid the amount as per Stanbic Bank cheque number 534403 on June 14, 2011. It was received and acknowledged by the accused, who issued a signed receipt on June 14, 2011.
Mr Amponsah said the accused failed to inform his people after receiving the money.
In spite of several demands by the people concerning the payment, the accused denied receiving the money.
In Nana Twiampomah’s statement to the police, he said the money he received was for his personal use and not for the community and added that he used part of it to defray the cost of his legal suit against GCRL.
The case has been adjourned to Thursday, October 30, 2014.
Money was for development
The Attorney-General’s office, at an earlier sitting, had tendered in the receipts issued to GCRL by the chief as evidence that he received the $150,000.
That was after the Chief Executive of GCRL, Mr Asare Quansah, had taken the witness stand to be cross-examined by counsel for the accused.
Mr Quansah told the court that the amount was meant for the Banka community but at the time payment was effected, the community had no bank account, for which reason the money was paid to Nana Twiampomah.
Writer’s email: [email protected]