The Court of Appeal has released the reasons behind its unanimous decision to acquit and discharge former Chief Executive Officer of the Microfinance and Small Loans Centre (MASLOC), Sedina Tamakloe-Attionu, ruling that the prosecution failed to prove its case beyond reasonable doubt.
In a 94-page judgment delivered by Justice E. Ankamah, with Justices S. Diawuo and E. S. Amedahe concurring, the three-member panel quashed all convictions and the 10-year prison sentence imposed on the former MASLOC boss by the High Court.
According to the judgment, the prosecution failed to establish the essential ingredients of the offences, while the trial court wrongly shifted the burden of proof onto the accused by requiring her to prove that she had the necessary authority and had followed due process in carrying out her duties.
The appellate court held that it was the prosecution’s responsibility to prove every element of the offences, including allegations that Ms. Tamakloe-Attionu acted without authority or approval. It stressed that an accused person’s failure to testify or absence from trial cannot be used to fill gaps in the prosecution’s case.
The Court also found that several charges against the former MASLOC CEO were defectively drafted because they failed to provide sufficient details of the alleged offences, making it difficult for the accused to adequately respond to them.
On the allegation that Ms. Tamakloe-Attionu dishonestly appropriated a GH¢500,000 cash refund from Obaatanpa Microfinance, the Court held that the prosecution failed to prove she ever received the money. It noted that the original acknowledgement letter was never produced in court and that other key evidence, including alleged WhatsApp messages, was also not presented.
The Court further ruled that the prosecution failed to prove allegations relating to funds released for sensitisation, monitoring and financial literacy programmes, as well as money allegedly meant for victims of the Kantamanto Market fire. It noted that evidence from prosecution witnesses indicated the Kantamanto funds had actually been distributed to the intended beneficiaries.
The appellate court also set aside convictions relating to procurement breaches, improper payment of public funds, unauthorised financial commitments and money laundering, holding that the prosecution failed to establish the offences beyond reasonable doubt. It observed that once the alleged stealing offences failed, the money laundering convictions could not be sustained because they depended on proof that the funds were proceeds of crime.
The Court emphasised that while administrative lapses or unanswered questions may arise in public institutions, criminal convictions can only be secured where every element of the offence is proved beyond reasonable doubt. It therefore acquitted and discharged Ms. Tamakloe-Attionu on all counts.
Following the judgment, the Attorney-General has directed the Director of Public Prosecutions to file an appeal at the Supreme Court together with an application for a stay of execution of the Court of Appeal’s decision, expressing confidence that the apex court will overturn the ruling.
Story by Freedom Etsey Lavoe