The Member of Parliament for Manhyia South, Nana Agyei Baffour Awuah, has challenged the Court of Appeal’s decision to acquit former Microfinance and Small Loans Centre (MASLOC) Chief Executive Officer, Sedina Tamakloe-Attionu, arguing that the court wrongly applied the law in reaching its decision.
According to him, the appellate court placed undue reliance on evidence that had not been tested in court while overlooking testimony that had been subjected to cross-examination during the trial.
Mr Awuah contended that the judgment failed to properly evaluate crucial aspects of the prosecution’s case, particularly evidence relating to the alleged disbursement of funds to Obaatanpa Microfinance.
He maintained that the legal effect of evidence that went unchallenged during cross-examination was not adequately considered by the Court of Appeal.
Speaking on Channel One TV on Monday, August 3, the Manhyia South MP said the appellate court misdirected itself by relying on an untested police statement instead of sworn evidence 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.”
The Court of Appeal recently overturned Ms Tamakloe-Attionu’s conviction and 10-year prison sentence after ruling that the prosecution had failed to prove its case beyond a reasonable doubt.
The case involved allegations that she unlawfully diverted a GH¢500,000 loan intended for Obaatanpa Microfinance after the institution declined the facility.
The Attorney-General has since filed an application at the Supreme Court seeking a stay of execution of the judgment pending the hearing of the State’s appeal, arguing that there is a risk the former MASLOC CEO could leave the country before the appeal is determined.
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