The Member of Parliament for Manhyia South, Nana Agyei Baffour Awuah, has criticised the Court of Appeal’s decision to clear former Microfinance and Small Loans Centre (MASLOC) CEO, Sedina Tamakloe-Attionu.
According to him, the court made a mistake in how it applied the law. He said the judges relied too much on evidence that was never tested in court while ignoring evidence that was properly presented and challenged during the trial.
Mr. Awuah believes the Court of Appeal did not properly examine important parts of the prosecution’s case. He pointed to the evidence about the alleged payment of funds to Obaatanpa Microfinance, saying the court failed to give enough attention to testimony that was not challenged during cross-examination.
During his interview, the Manhyia South MP argued that the Court of Appeal wrongly relied on a police statement from Sedina Tamakloe-Attionu instead of focusing on sworn evidence that was presented during the trial.
“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.
“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.
The Court of Appeal recently overturned Ms. Tamakloe-Attionu’s conviction and the 10-year prison sentence that had been handed to her. The court ruled that the prosecution did not prove its case beyond a reasonable doubt.
The case centred on claims that she illegally redirected a GH¢500,000 loan that had been approved for Obaatanpa Microfinance after the company reportedly turned down the loan.
Following the Court of Appeal’s decision, the Attorney-General filed an application at the Supreme Court asking for a stay of execution of the judgement while the State’s appeal is being heard. According to the Attorney-General, there is a possibility that the former MASLOC CEO could leave the country before the appeal is decided.
