Pray, Rejoice over AMIDU’s victories to the extent that the paper orders will translate into cash (ghc 51 m) back to state coffers, and not that it nails WOYOME faster into jail. The prosecution will certainly wave both the July 2013 and July 2014 decisions to seek to frustrate his major and only reliance on what he deems a VALID contract but which has twice been declared INVALID for its UNCONSTITUTIONALITY – ie lack of prior parliamentary approval. Question is whose fault was that? Question is it would have been declared VALID and CONSTITUTIONAL if same had received parliamentary blessing. This certainly shakes the foundations of his rightful acquisition of the funds. But the big question being determined in the criminal, not this civil/constitutional, case is whether or not he received the funds FRAUDULENTLY. So you see, the defence will also use these same decisions for its most likely stronger purposes in trying to diffuse the claim that he got the money fraudulently. The onus is on the prosecution to prove the alleged fraud beyond doubt, and work of the defence, in the main, is to cast a scintilla of doubt and which small little doubt, by the requirements of law, ought to inure to the benefit of the accused. The two are two separate cases. Take it easy.
Posted on: Tue, 29 Jul 2014 15:12:45 +0000
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