Lawyers Clash In Asabee Case

Two lawyers involved in the criminal case of former Minister for Information Stephen Asamoah Boateng and seven others were at each other�s throat yesterday at the Fast Track High Court over a request for certain documents from the Information Ministry to be made available to the court. The heated argument between Augustine Obuor, counsel for Former Director of Finance and Administration, Dominic Yaw Sampong; an accused person in the case, and the Anthony Gyanbiby; a chief state attorney, caused the trial judge, Justice Charles Quist, to describe the former as a �proverbial fisherman�, a statement which drew laughter in the courtroom. The whole argument started when Mr. Obuor, while cross-examining Zita Okaikoi, former Minister of Information, requested that the judge order her to bring the record book concerning letters at the Ministry�s secretariat to court. According to him, since he was defending his client who has been charged with forgery of documents, he would need the important record to be able to cross-examine her on it. He observed that since his client has retired from the Ministry, it would be difficult for him to get access to the official document and was therefore praying the judge to make the order for easy accessibility of the document. However, while on his feet, Mr. Anthony Gyanbiby and the prosecutor in the case who objected the claim said Mr. Obuor was only in court to fish for information and waste the court�s time because his request was irrelevant to the case. According to him, at the last adjourned date Mr. Obuor requested that Mrs. Okaikoi bring certain documents, including a recording of Mr. Sampong apologizing to her for signing payment for a contract on her behalf without her notice. And although the witness did bring the requested documents, Mr. Obuor did not cross-examine her as promised; he rather called for additional documents. Immediately he finished, Mr. Obuor, who was offended by the use of the phrase �fish out�, indicated; �My Lord, I did not appear as a fisherman in this case�, but Justice Quist chipped in that Mr. Obuor was indeed a �proverbial fisherman� because he was not asking questions relevant to the case. Ruling on whether it was important for Mrs. Okaikoi to bring the said document to court, Justice Quist stated that she is not under any obligation to bring the official document to court because it is irrelevant to the case and that counsel can request for it through Mr. Sampong when he opens his defence. Earlier, Mr. Okaikoi handed over a mobile phone she used for the recording and a CD Rom containing a transcribed version of the recording, as well as the minutes of the said meeting where Sampong allegedly begged for forgiveness. The court, after several arguments between both prosecutor and Mr. Obuor, agreed that the latter should go and study the contents of the CD, but asked that he give back the mobile phone to the former Information Minister because it is her personal property. Just after the court finished adjourning the case to March 10, Mr. Gyanbiby said it is not proper for counsel to keep the CD when it has not been tendered in as evidence, arguing that the content could be tempered with. Mr. Obuor however indicated that he needs to study the content for his cross-examination. While they were still debating the issue, the court clerk, under the instruction of the judge who agreed with the prosecutor, snatched the CD from Mr. Obuor and gave it to Mr. Gyanbiby. As to why Mrs. Okaikoi secretly recorded the meeting, the now Minster for Tourism indicated that since the issue was about a document signed on her behalf for payment of money without her notice, she made the recording as proof. Mrs. Okaikoi, who said she believes in human error and therefore thought minute taking was not enough in this case, decided to record the meeting for fear of any future denial which she would be held accountable. Mr. Asamoah Boateng, together with his wife and the others, are standing trial for allegedly conspiring to contravene the Procurement Act by not following due processes in obtaining a contract amounting to Gh�86, 915.85 for renovation work at the Ministry of Information. The other accused persons are Frank Agyekum; Former Deputy Minister of Information, Kofi Asamoah Boateng; Former Director of Finance and Administration, Dominic Yaw Sampong; Acting Chief Director, Kwabena Denkyira; Deputy Director of Finance and Administration, Yasmine Domua; Manageress, Prosper Aku of Supreme Procurement Agencies and the company; Supreme Procurement Agencies Limited. They have all pleaded not guilty to the charges.