Money was for the people of Banka — Prosecution
The prosecution in the case in which the Chief of Banka, Nana Osabarima Twiampomah III, is standing trial for allegedly stealing us $150,000 belonging to his people has tendered in evidence a promissory note to the effect that the money that was to be paid to him was for the people of Banka.
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This was after the counsel for the accused person had suggested during a cross examination of a witness that the money was for the chief and not the people of Banka and that the Managing Director of Gulf Coast Resources Limited, Mr Asare Quansah, had a special transaction with the accused that required the payment of such amount.
But the witness, Mr Wallace Bruce-Cathline, who had personally presented the cheque to the chief, countered that the promissory note had indicated that the money was for the people of Banka.
The promissory note, signed by Mr Asare Quansah, read as follows:
Content of promissory note
“The undersigned hereby promises to pay to or to the order of OMAN of BANKA, of Asante-Akim District, Ashanti Region, Ghana, the sum of one hundred and fifty thousand only, United States dollars (US$150,000) without interest, upon ten days’ demand in writing.
“The holder hereof agrees that full payment hereunder shall be made from funds received from the purchase of the Gulf Coast Resources Inc. 90% interest in the Banka Mining Lease by Goldplat plc, London, United Kingdom.”
“This payment represents the company’s contribution to the Banka Community toward any project(s) the Banka Chief, elders and people may decide to undertake.”
He said it was based on this that he presented a Stanbic Bank cheque for an amount of US$150,000 to the chief.
He said prior to receiving the cheque, Nana Osabarima Twiampomah III had been made to sign a receipt that said:
“I, Nana Osabarima Twiampomah III, have received a Stanbic Bank cheque No. 534403 in the sum of US$150,000 from Gulf Coast Resources Limited for and on behalf of the Banka people, its chiefs and elders. This sum of money being the company’s contribution towards the development of the Banka community.”
Counsel for the accused then concluded his cross examination following which the court adjourned the case to July 22, 2015.
Charge
Fifty-two-year-old Nana Twiampomah has been charged with stealing, to which he has pleaded not guilty.
He is on bail in the sum of GH¢50,000 with a surety to be justified and under bond not to travel, pending the determination of the case.
He has also deposited a title deed worth US$150,000 at the court.
Gulf Coast Resources, a mining company, paid the amount to the people of Banka for the town’s development, following 10 years of the company’s mining activities in the area.
Background
According to the prosecution, 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.
Following a renewal of the lease in 2011, GCRL negotiated with the accused and the people of Banka, during which the company promised to pay US$150,000 to the community for its development.
After the mining lease was renewed, GCRL paid the agreed amount and subsequently transferred its rights to another mining company, Banka Gold Limited.
Payment
The prosecution further indicated that GCRL settled the amount with Stanbic Bank cheque number 534403 on June 14, 2011. It was received and acknowledged by Nana Twiampomah, who issued a signed receipt on June 14, 2011, but he failed to inform his people after he received the money.
In spite of several demands by the people concerning the payment, Nana Twiampomah denied receipt of the money.
In his statement to the police, Nana Twiampomah 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.
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