Former GIIF CEO accuses A-G of withholding evidence in Skytrain trial 

Solomon Asamoah, the former Chief Executive Officer of the Ghana Infrastructure Investment Fund (GIIF) and first accused (A1) in the ongoing US$2 million Skytrain case, has accused the Attorney-General’s office of deliberately withholding critical evidence relevant to his defence.

Speaking through his lead counsel, Victoria Barth, during proceedings at the Criminal Division of the High Court in Accra, Mr. Solomon Asamoah claimed that the prosecution has failed to disclose documents central to his case.

The trial is being presided over by Justice Comfort Kwasiwor Tasiame.

During her submissions, Ms. Barth argued that the documents requested – including meeting minutes, bank records and internal communications from GIIF are exculpatory and essential for preparing Mr.Asamoah’s defence.

“The charges are hinged on an alleged lack of authorisation. Yet the prosecution has selected only portions of meeting minutes to support their case, denying the accused equal access to the full records that could prove otherwise,” she stated.

She emphasised that Mr. Asamoah does not have access to GIIF’s internal documents and cannot be expected to subpoena such information without first opening his defence. She further cited the Supreme Court ruling in Republic v Baffoe-Bonnie & Others, which mandates full disclosure of material evidence regardless of the logistical burden.

Deputy Attorney-General Opposes Application

Deputy Attorney-General Dr Justice Srem-Sai strongly opposed the motion, arguing that the defence misunderstood the law on disclosure. He maintained that disclosure obligations apply only to documents in the possession of the prosecution or its investigators.

“The documents requested are not in our possession and never came into our possession,” he insisted. “Disclosure is not a fishing expedition. The prosecution’s job is not to defend the accused.”

He argued that since the prosecution had already provided all relevant materials it had  including potentially exculpatory evidence,  the court should not compel it to produce what it does not have.“The defence has other legal tools at its disposal. Disclosure is just one,” Dr.Srem-Sai added.

Court Ruling

After hearing arguments from both sides, Justice Tasiame ruled that the application could not be granted. She noted that since the documents are not in the prosecution’s possession and other legal avenues are available to the defence to procure them, the motion fails.

The court adjourned proceedings to October 13 at 12 noon. The trial will proceed twice weekly, with each session lasting three hours.The prosecution is expected to call its first witness, Yaw Dame Darkwa, a former board member of GIIF.

Background 

Mr. Solomon Asamoah is facing six charges including conspiracy, wilfully causing financial loss to the state, and intentional dissipation of public funds. His co-accused, Professor Christopher Ameyaw-Akumfi (A2), former Board Chairman of GIIF, has also pleaded not guilty to similar charges.

The case stems from a $2 million payment allegedly made from GIIF’s accounts into Africa Investor Holdings Limited, a South African-based company, without the required board or parliamentary approvals.

Justice Tasiame granted Mr.Asamoah bail in the sum of GH¢15 million, with two sureties to be justified using land registered in Ghana.

 

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