By Morkporkpor Anku
Accra, May 27, GNA – An Accra High Court has rejected a number of email communications in the ongoing trial involving Mr. Kwabena Adu-Boahene and two others, while admitting a couple after objections by the prosecution.
The ruling followed further cross-examination of Madam Mildred Donkor, the third prosecution witness (PW3), by Mr. Samuel Atta-Akyea, counsel for the accused persons.
Dr. Justice Srem-Sai, Deputy Attorney-General, appeared for the Republic.
During proceedings, the defence informed the court that it had several documents relating to transfers allegedly undertaken through company accounts linked to the accused persons.
Counsel for the defence showed the witness a number of email communications and suggested that they were requests sent to Universal Merchant Bank (UMB) on behalf of Madam Edith Adumuah, the second prosecution witness (PW2), to facilitate cash withdrawals.
Madam Donkor confirmed that the documents shown to her were email requests sent to the bank.
The defence subsequently sought to tender the documents into evidence.
However, the prosecution objected to portions of the documents, arguing that the emails fell into different categories, some of which the witness had no direct involvement.
Dr. Srem-Sai told the court that some of the emails were neither sent by the witness nor addressed to her, while others merely copied her in the correspondence.
According to the prosecution, the witness lacked personal knowledge of some of the communications and therefore could not properly tender them through her testimony.
The prosecution also argued that some of the emails extended beyond the scope of the matters currently under consideration before the court.
Responding to the objection, Mr. Atta-Akyea argued that the prosecution’s objection was not grounded in law and should be dismissed.
Counsel maintained that the witness, as a Director of Advantage Solutions Limited and its subsidiaries, had already confirmed that she transacted business on the company accounts and was copied on some of the emails.
He argued that the documents were relevant to the defence and that issues regarding the weight to be attached to the documents should be left for the court to determine.
The court, presided over by Justice Eugene Nyante Nyadu, held that emails copied to the witness could properly be tendered through her because they could be considered as coming from proper custody.
However, the court upheld objections to some of the emails which were exchanged between persons other than the witness and were not copied to her.
Justice Nyadu noted that some of the emails were communications between Mr. Adu-Boahene and a person identified as Gordon Noble, while another involved correspondence between Mr. Adu-Boahene and one Augustine Owusu.
The court observed that those emails appeared to be personal communications rather than official correspondence of Advantage Solutions Limited.
The court consequently admitted some of the email documents into evidence while rejecting a number of them.
The case was adjourned for continuation of cross-examination.
GNA
Reporter: Morkporkpor Anku
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Edited by Samuel Osei-Frempong