Private legal practitioner, Martin Kpebu says the slow pace of the prosecution of Menzgold and its CEO Nana Appiah Mensah is worrying.
According to him, the case has not seen progress for about two years and that could create the impression that the law has failed to deal with Menzgold.
Speaking on Newsfile, on Saturday, he said that “I may be a lawyer but I am also a citizen. So the legal side of me says ‘yes [follow] due process’, but the lay man part of me says ‘NAM1 has taken so much from our citizens and he is walking free’.”
“So we can’t hide under our legal rules on due process and then its takes years. Because as far as I am aware for at least two years the case has not been going anywhere and that is troubling,” he stated.
Mr Kpebu said that a trial process is a form of accountability that could give hope to the people but also set as a reminder to people who intend to go on the same part as Menzgold to desist.
“So the trial processes itself sends a strong message because after each sitting the media will give an update, write stories on the court proceedings and it sends a strong message. In this situation that nothing is going on, it creates the impression he has gotten away with it. Like we say in the local parlance ‘it has become a foolish case’ we shouldn’t allow that to stick,” he added.
His comment comes after the Executive Director of the Economic and Organised Crimes Office (EOCO) expressed concerns about the prosecution of the Menzgold CEO, Nana Appiah Mensah.
Commenting on the EOCO’s investigations at a forum, she said that although the institution sometimes knows people have committed crimes it is difficult to prosecute because it is difficult to identify the law they broke.
“An example is the Menzgold case. Which law, which Act did he break? And it is becoming difficult even prosecuting that case because no law will define the offence,” Maame Yaa Tiwaa Addo-Danquah said.
However, the private legal practitioner, Mr Kpebu disagrees with the EOCO boss; stating that at least one of the 14 charges brought against the Menzgold CEO can stand.
He explained that “Nam1 and Menzgold entered into an agreement with these customers. Simple logic, the agreement is signed and the customers bring gold to Menzgold, keep it, you give some interest over a period of time, and then subsequently you can return my gold.”
“So the question is that where is my gold? Have you returned it? If you haven’t, minimum, you should get stealing or defrauding by false pretence. Simple. If you look at the astronomically high interest rate you can begin to see that Menzgold did not intend to actually return this gold,” Mr Kpebu added.
The lawyer explained that since thousands of Menzgold customers did not invest in the company expecting noting in return, justice should be served.
“For Maame Tiwaa to say it is difficult and all that, I lack words for it. Are you saying that out of these 14 charges none will stick? I think the best is that in these circumstances they should just hurry up and continue with the trial.”
Meanwhile, Deputy Finance Minister John Kumah says the position of the EOCO boss does not reflect that of the Attorney General who is in charge of the prosecution of the Menzgold CEO.
