By Beatrice Oppon
The High Court in Accra has overruled an objection raised by Lawyer for CEO of Defunct Menzgold, Nana Appiah Mensah, popularly known as NAM1, over the tendering of some exhibits by DSP Charles Nyarko, a prosecution witness.
The said exhibits include documents from the Bank of Ghana and the Securities and Exchange Commission.
The lawyer, Kwame Akuffo, contended that the said exhibits did not have any documentary evidence to the witness.
He contended that some of the exhibits are business records and per the Evidence Act they must be tendered in by a person who is a custodian of the record or familiar with the making of the same. He argued that DSP Nyarko is not a competent witness to tender the said documents since he cannot answer questions in respect of those exhibits.
The Court, however, held that the documents presented by the witness are relevant to the case.
Justice Ernest Owusu-Daapah said that with DSP Nyarko as a lead investigator in the case, his testimony is essential and expected to faithfully disclose to the court his findings.
The court said his role as the investigator makes him competent to tender those documents. He upheld the prosecution’s argument that the said documents were obtained during investigations, which enables the witness to tender the documents under hearsay evidence.
Justice Owusu-Dapaah said the prosecution adequately laid the foundation to admit the documents under relevance and compliance with the rules of admissibility. The Court further stated that the weight of those documents will be determined as the trial continues.
NAM1 is standing trial for allegedly defrauding customers of his defunct company. He has pleaded not guilty to 39 counts, which include selling gold, operating deposit-taking business without license, inducement to invest, defrauding by false pretenses, fraudulent breach of trust and money laundering.
