The Accra High Court is set to determine the fate of embattled Chief Executive Officer of defunct Menzgold Ghana Ltd, Nana Appiah Mensah, also known as NAM1, on July 10. The court will decide whether NAM1 should open his defense or walk free.
On Tuesday, the prosecution and defense lawyers presented their final written submissions. The Director of Public Prosecution believes the state has established a prima facie case against NAM1, asserting that he has questions to answer. In contrast, the defense lawyers argued that there was no tangible evidence against their client.
The prosecution closed its case after calling nine witnesses. NAM1 and his two companies, Menzgold Ghana Limited and Brew Marketing Consult Ghana Limited, face 39 counts of offenses, including selling gold without a license, operating a deposit-taking business, inducement to invest, defrauding by false pretense, fraudulent breach of trust, and money laundering involving over GHC340 million. NAM1 has pleaded not guilty to all charges.
**Defense’s Standpoint: Faceless Witnesses and Lack of Evidence**
Lead counsel for NAM1, Kwame Boafo Akuffo, argued that the state lacked tangible evidence and relied on “faceless witnesses.” He asserted that no evidence was presented to prove that the accused did not have a license to sell gold. Akuffo also questioned the basis of the fraud charges, highlighting that if the accused decided to pay the alleged GHC340 million, there was no clear recipient.
“A person cannot be guilty of fraud and at the same time be guilty of fraudulent breach of trust in respect of the same business,” he stated, urging the court not to entertain complaints from faceless individuals. He added that “no court can convict a man on the basis of implications and faceless complainants. Untested allegations cannot form the basis of conviction.”
Prosecution’s Standpoint: Sufficient Evidence Presented
Director of Public Prosecutions (DPP), Yvonne Attakorah Obuobisa, disagreed with the defense. She asserted that the prosecution had done enough to establish a prima facie case, necessitating the accused to open his defense. The DPP emphasized that sufficient evidence had been led against the accused, resulting in the charges brought forward.
Responding to claims of faceless individuals, Madam Attakorah Obuobisa indicated that nine witnesses submitted documents proving their case. “We called nine witnesses and tendered copious documents to prove our case against the accused persons,” she said.
She also noted that NAM1 used misleading advertisements and false representations regarding the business’s legitimacy, hence inducing people to invest. “It is our case that the accused induced people to invest in breach of the companies act,” the DPP asserted.
After listening to submissions from both parties, Justice Ernest Owusu-Dapaa set July 10 to rule on the submission of no case. This decision will determine whether NAM1 and his two companies will need to present their defense or if the charges will be dismissed.
Source: Sankofaonline.com
