The Supreme Court has dismissed an application by Solomon Asamoah, the first accused in the $2 million SkyTrain case, seeking to quash decisions by the trial court. Asamoah alleged that the judge exceeded her jurisdiction and made findings that could prejudice his defence. The court, presided over by Justice Gabriel Pwamang, held that the application ought to fail and refused the applications for certiorari and prohibition. Counsel for Asamoah argued that the trial judge exceeded her jurisdiction by making definitive findings on whether the prosecution had adduced sufficient evidence to warrant a conviction at that stage. He also challenged the trial court’s decision to revert the applicant’s bail conditions to a requirement to report monthly, stating that Asamoah was not given notice or heard before the decision was taken. The Deputy Attorney-General, Dr Justice Srem-Sai, opposed the application, stating that the complaint about bail conditions was unfounded. He explained that the accused person had applied for a variation of his bail conditions, and the judge merely reverted to the original conditions when the variation period ended. Dr Srem-Sai argued that the applicant’s case was based on a misapprehension of the offence elements. Asamoah, a former Chief Executive Officer of the Ghana Infrastructure Investment Fund (GIIF), and Professor Christopher Ameyaw-Akumfi are on trial over an alleged $2 million payment connected with the proposed Accra SkyTrain project. The prosecution alleges the money was transferred from GIIF’s account to a South African company without board approval. Both accused have pleaded not guilty.
Update (14:30 GMT): Chale News also reported on this story under the headline "Supreme Court Clears Way for Trial in $2m SkyTrain Case to Continue". Read the Chale News report.
Update (15:00 GMT): MyJoy News also reported on this story under the headline "Supreme Court rejects Solomon Asamoah’s bid to overturn Sky Train ruling". Read the MyJoy News report.
