The Attorney-General has advised the prosecution of two legal practitioners, Joseph Kwame Owusu Asamani and Ekow Amua-Sekyi, who are facing charges of forgery and fraud.
The prosecution of the case by the police at an Accra circuit court was suspended in July this year following a directive from the Attorney-General who called for further investigations in to the case.
However, at the court's sitting Thursday, the Director of Public Prosecution, Gertrude Aikins, informed the court that the A-G had finished with the case docket and thus advised the police to resume prosecution of the case.
Mrs Aikins said a letter to that effect had been sent to the police.
But the judge, Mr, D.E.K Daketsey, stood the case down for about 25 minutes to verify from the Chief Justice whether he could continue with the hearing of the case.
On his return, he told the court: "Her Ladyship has granted that the case go on."
The two lawyers are charged with conspiracy, forging Judicial Service writ of summons, deed of assignment documents and uttering forged documents.
The prosecutor, DSP P.K. Frimpong, who confirmed having received the AG's letter dated October 20, said in view of the short notice, the court should grant a short adjournment to enable the prosecution to serve the accused persons with hearing notices.
The accused persons were not in court Thursday.
Nana Ato-Dadzie, counsel for an interested party in the case, Kwame Opoku, expressed concern about the continuous absence of the accused persons in court saying, "the court must put its foot down to ensure that the majesty of the court is protected."
The case has been adjourned to November 5. The prosecution's case is that on March 14, 2007, Asamani acted as a lawyer for Axex Company Limited and obtained judgment in a suit against Kwame Opoku and two other defendants.
"After the judgement, Asamani allegedly conspired with Amua-Sekyi who acted as counsel for the complainant in this case, Mr. Samuel Etroo, a businessman in Tarkwa, and forged a suit number BMIS 350/07.
They further gave a title of the writ as Axex Company Limited having fraudulently inserted Sametro Company Limited as the fourth defendant in the writ although the said company was not a defendant in the suit.
Prosecution said on March 18,2007, the two forged a judgment titled Axex Company Limited Versus four other defendants' and inserted an order by Mr. Justice Ofori Atta for the recovery of a mine known as Bonte Esaase Gold Mine.
In addition, they allegedly prepared a Deed of Assignment, unknown to the complainant, Gordon Etroo, scanned his signature on it, registered it at the Lands Registry and presented same to Howard Eric Ewen, Managing Director of Keegan Resources who also signed.
The two lawyers, without the knowledge of Samuel Etroo and Mr Kwame Opoku, initiated a civil suit number BL35/07, as 'Kwame Opoku versus Sametro Company Limited'.
The two appeared before another judge, Justice Lartey Young on March 20, 2007 where Amua-Sekyi made certain admissions upon which the trial judge ordered that Bonte Esaase Gold Mine be assigned to Kwame Opoku.
With that judgment, the accused persons obtained the consent of the then Minister of Lands, Forestry and Mines to assign Bonte Esaase Gold Mines to Mr. Ewen of Keegan Resources.
On June 18, 2007, Mr. Ewen issued Stanbic Bank cheque for $850,000 to Asamani to complete the fraudulent assignment of Bonte Esaase Gold Mine from Mr. Etroo to Mr Ewen.
According to the prosecution, on June 18, 2007, Asamani issued a hand written receipt and Amua-Sekyi signed as witness.
Asamani and Amua-Sekyi are said to have• forged the judgment of a High Court Judge, Mr. Justice Ofori-Atta, compelling Ewe, to issue II cheque of $850,000 to Asamani.
Amua-Sakyi signed as witness when the money was received by Asamani.
They are charged with conspiracy, forging judicial service writ of summons, deed of assignment documents and uttering forged documents.
Source: The Ghanaian Times
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