Court of Appeal misdirected itself in Sedina Tamakloe acquittal – Baffour Awuah

The Member of Parliament for Manhyia South, Nana Agyei Baffour Awuah, has criticised the Court of Appeal’s decision to acquit and discharge former Chief Executive Officer of the Microfinance and Small Loans Centre (MASLOC), Sedina Tamakloe-Attionu, arguing that the court misdirected itself on the position of the law.

Speaking in an interview with Bernard Avle on Channel One TV’s The Point of View on Monday, August 3, Mr Awuah argued that the appellate court relied on evidence that had not been tested in court while discounting evidence that had been subjected to cross-examination.

“I think the Court of Appeal misdirected itself on the position of the law. That misdirection, which is an inconsistency, is obvious. Sedina had not gone to the witness box to testify. The statement she gave to the police had not been tested, and you cannot use untested or unsworn evidence to assail tested evidence,” he stated.

Mr Awuah maintained that the Court of Appeal failed to properly assess key evidence presented during the trial.

“They called a witness from Obaatanpa who came to say they delivered the money to her. He gave you the location where the money was delivered. There’s no evidence that Sedina’s lawyer, during cross-examination, challenged Obaatanpa on his claim. The effect of this in law, the Court of Appeal didn’t discuss. The effect of this is on admissibility,” he said.

His comments follow the Court of Appeal’s judgment overturning Ms Tamakloe-Attionu’s conviction by the High Court, which had sentenced her to 10 years’ imprisonment. The appellate court held that the prosecution failed to prove its case beyond a reasonable doubt.

The case centred on allegations that Ms Tamakloe-Attionu unlawfully diverted a GH¢500,000 loan intended for Obaatanpa Microfinance after the institution rejected the facility because of its interest rate.

Following the Court of Appeal’s ruling, the Attorney-General filed an application at the Supreme Court seeking a stay of execution of the judgment pending the determination of the State’s appeal.

The Attorney-General argued that there was a risk Ms Tamakloe-Attionu could leave the country before the Supreme Court hears the appeal.

Source | Citinewsroom