By Morkporkpor Anku
Accra, July 30, GNA- The State will on October 13, 2025, present its first prosecution witness in the SkyTrain trial.
The trial involves Mr Solomon Asamoah, former CEO of Ghana Infrastructure Investment Fund (GIIF), and Professor Christopher Ameyaw-Akumfi, former Board Chairman.
The witness, Mr Yaw Dame Darkwa, is a former Ghana Infrastructure Investment Fund (GIIF) Board Member.
The Court, then adjourned the matter to October to receive the evidence in chief of the first prosecution witness.
The Court declined a request by Counsel for Mr Asamoah, Madam Victoria Barth, for prosecution to disclose some documents, relying on the motion paper and supporting affidavits.
She said they indicated in paragraph 10 of the motion what they required the prosecution to produce to enable Mr Asamoah to adequately prepare his defence and also to enable his Counsel to effectively cross-examine the prosecution’s witnesses.
“We highlight the fact that the documents requested constitute exculpatory evidence relevant to the first accuser’s defence,” she said.
She said the charges brought against him were all hinged on an alleged lack of authorisation for an investment made in the sum of $2 million and for the disbursement of the same sum.
She said the prosecution had filed several witness statements that it intended to rely on at trial, including that of an investigator who had an opportunity to select minutes of meetings of GIIF which the prosecution deems relevant for establishing their case against him.
The Counsel said Mr Asamoah was guaranteed a right under the constitution to have inferred access and equal right to evidence of meetings that would establish the cause of dealings of the GIIF Board, the nature of its processes of approval, the credibility of the persons who claimed to have no recollection of the very approval that were alleged to be lacking.
He said it was not the preserve of the prosecution to determine for the accused person what was relevant to the preparation of his defence.
Madam Barth said in paragraphs 6,7,8,9 of their affidavit in opposition that the prosecution claimed that the documents that they were requesting were only one.
She said they did not have the documents in their possession or had not come into their possession and were irrelevant to the determination of the issues in the court.
Mr Duke Aaron Sasu for Prof Ameyaw-Akumfi, said, “l support and adopt all submissions made by counsel for A1.
Dr. Justice Srem-Sai, the Deputy Attorney General, said they were opposed to the motion on the grounds based on mere misapprehension of the law on disclosures.
“We have deposed that the materials they requested are not in our possession and did not come into our possession or the possession of the investigators,” he said.
He said it would therefore be an impossible order to direct them to produce something that they did not have and that they could not have during the investigation.
He said the point they were trying to make was that they only have in their possession material, a diligent investigator would require.
The Presiding Judge said that from the submission of the applicant the materials requested must be in the possession of GIIF and others.
The Court said the respondent had submitted that the documents the applicant was requesting were not in their possession.
It declined the application, saying there were other means they could use to get those documents they were requesting.
Prof Ameyaw-Akumfi is standing trial alongside Solomon Asamoah, a former CEO of GIIF, who has been charged with willfully causing financial loss to the State, intentional dissipation of public funds, and conspiracy to commit a crime.
They pleaded not guilty to all the charges.
The former Board Chairman of GIIF was granted a bail sum of GH¢10 million with two sureties, one of the sureties to be justified with landed property based in Greater Accra Region.
The accused is to deposit his passport and all other travel documents at the court and report to the Police.
Mr Asamoah was earlier granted a GH₵15 million bail with two sureties, all to be justified with a registered land or property located in the Greater Accra Region.
The sureties were to deposit copies of their Ghana cards and digital addresses at the Registry of the Court.
He is to deposit his two passports (Ghana & United Kingdom) at the Registry and report to the Police every Monday, Wednesday, and Friday until the determination of the case.
The charges were filed under Section 23(1) and Section 179A(3)(a) of the Criminal Offences Act, 1960 (Act 29), relating to a two-million-dollar payment made in 2019 to the Bank Account of the Africa Investor Holdings Limited in Mauritius.
The amount was for the feasibility studies for the development of an urban sky train system in Accra, a project that was never started.
The State said the payment was made in February 2019 without the necessary board approval for either the share acquisition or the disbursement of the funds.
It said investigations had revealed that the decision to release the funds was made without due process.
Prof. Ameyaw-Akumfi reportedly told investigators during his caution statement that he authorised the transfer based on a recommendation from the former Chief Executive Officer.
However, the accused persons have not been able to account for the missing two million dollars.
The Accra SkyTrain project was a proposed elevated light rail system aimed at reducing traffic congestion and air pollution in Accra, Ghana’s capital.
In 2018, the Government signed a Memorandum of Understanding with the AiSky Train Consortium of South Africa.
Following the completion of a feasibility study, in November 2019, the parties signed a build–operate–transfer concession agreement.
The company was to develop the system at an estimated cost of $2.6 billion with a capacity of 10,000 passengers/hour/direction.
It had a scope of 194 km, 5 lines (4 radial, 1 loop) with Aeromovel (fully automated, elevated) but it had some significant hurdles, though specific details are not provided.
The case has been adjourned to July 3, 2025, for a hearing of the motion filed by Prof. Ameyaw-Akumfi.
GNA
Edited by Samuel Osei-Frempong