The judge trying the case involving the founder of now-defunct Capital Bank, William Ato Essien and two others over the collapse of the financial institution, has distanced himself from claims he had intimated state prosecutors in the matter have been compromised.
In a statement signed by the Judicial Secretary, the Judge, His Lordship Justice Eric Kyei Baffour said media reports suggesting that he had made a statement to that effect are false and must be treated with the contempt it deserves.
His Lordship Justice Eric Kyei Baffour disputed the claim that “at the proceedings of the court on Thursday, 1st December 2022, the trial Judge stated, that the State was compromised in the matter of the agreement entered into with the 1st accused person, subject to the acceptance of the court and in pursuance of section 35 of the Courts Act, 1993 (Act 459)”.
“No statement in the nature of the media reports referred to above, or imputing misconduct on the part of officials of the State, was made by the court either on 1st December 2022 or throughout the trial of the case”, the statement read in parts.
Below is the full rejoinder from the judge:
CORRECTION/CLARIFICATION OF REPORTAGE OF PROCEEDINGS IN COURT
The attention of the trial Judge, His Lordship Justice Eric Kyei Baffour, in the criminal case pending at the High Court Accra, entitled Republic vrs. William Ato Essien and 2 Others, has been drawn to publications by various media houses to the effect that:
“At the proceedings of the court on Thursday, 1stDecember, 2022, the trial Judge stated, that the State was compromised in the matter of the agreement entered into with the 1st accused person, subject to the acceptance of the court and in pursuance of section 35 of the Courts Act, 1993 (Act 459)”.
The trial Judge, would like to correct / clarify the above-stated reportage and place on record that:
- No statement in the nature of the media reports referred to above, or imputing misconduct on the part of officials of the State, was made by the court either on 1st December 2022 or throughout the trial of the case.
- He (the trial Judge) enquired from one of the defence lawyers whose client has been charged with offences of abetment and conspiracy, whether the terms of the agreement entered between the State and the 1st accused would not compromise the position of the other accused persons.
Thank you.
SGD
JUSTICE CYNTHIA PAMELA ADDO JA
JUDICIAL SECRETARY