Accra, May 16, – Ms Jacqueline
Avotri, the Counsel for the Economic and Organised Crime Office, (EOCO) has
said the second freezing of the accounts of Dr Stephen Opuni, the former
COCOBOD, Chief Executive standing trial was to keep the funds safe.
She said EOCO was just being
careful to ensure that proceeds of crime were not dissipated before the trial
would end.
Dr Opuni is before an Accra High
court on 26 charges, including Causing Financial Loss to the State.
He has pleaded not guilty to all
charges and has been granted a GH₵300,000.00 bail.
Ms Avroti told the Court,
presided over by Mrs Georgina Mensah-Datsa, that the first order to freeze the
accounts was solely for investigative processes leading to the prosecution of
the accused person.
Mr Samuel Cudjoe, the Counsel for
Dr Opuni, who, on Tuesday, moved a motion to allow him access to his accounts
accused EOCO of abuse of power in freezing the accounts.
After more than 13 months after
his accounts were frozen, Dr Opuni secured a court order in April 2018 to allow
him access to them, but EOCO did not oppose the application, which was granted.
However, EOCO within 24 hours sought to secure
a second order from the Court to block the accounts again.
Mr Cudjoe argued that the purpose
of freezing Dr Opuni's accounts had been served because EOCO completed its
investigations in July 2017.
He said it was, therefore,
strange to find EOCO seeking to block his client access to the accounts again.
Ms Avotri, however, told the
Court that investigation was a process and at the time the directive was
issued, Dr Opuni was already standing trial, adding that the ascertain that
EOCO deceived the Court was incorrect and that it did not deceive the Court in
any way.
She said the function EOCO played
in the recovery of proceeds of crime was not in doubt as the Court had
confiscated a number of property to the State on the Application of the
Executive Director of EOCO after investigations by a number of State agencies
and after a successful prosecution.
“EOCO cannot initiate criminal
proceedings without the authorisation from the Attorney General’s Department,”
she added.
She said the Executive Director’s
role was to facilitate and investigate trials and not to conduct trials,
because the A-G did not have the powers of investigation, freezing of accounts,
seizure or confiscation of assets.
She said the approach by the boss
of EOCO did not amount to abuse of the Court Process, explaining that EOCO had
not engaged in multiplicity of suits because currently there was only one
confirmation order dated April 24, 2018, to freeze the accounts.
Ms Avotri said the funds in that
account was less than the total amount involved in the charges he was standing
trial for.
The Counsel thus asked the Court
to reprimand the Counsel for Dr Opuni, for describing EOCO as a “monster”.
She said the court must condemn
the remark by the Counsel.
“We take exception to the description of EOCO
in the discharge of its lawful duty as a monster. We, therefore, pray the court
to reprimand lawyers for Dr Opuni.
The Court has since adjourned the
case for ruling on Monday, May 21.
GNA
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