Capital Bank trial: I intend to dismiss your application for Stay of Proceedings – Judge to Ato Essien

The High Court in Accra has said it intends to dismiss an application for Stay of Proceedings filed by William Ato Essien, the founder of the defunct Capital Bank.

Ato Essien, the first accused person is standing trial with two others for allegedly causing financial loss to the state and has closed his case.

In court on Thursday, April 28, when Lawyers of Ato Essien led by Baffour Gyawu Bonsu Ashia indicated they have filed a notice of appeal at the Court of Appeal and were moving an application for Stay of Proceedings, pending the determination of the appeal, the court said it intends to dismiss it.

However, the court presided over by Justice Eric Kyei Baffour said, if counsel is able to convince the court, it will change his position.

Mr. William Ato Essien ended his defence to charges in the ongoing criminal trial at the Accra High Court on March 17, 2022.

Mr. Essien, the first accused (A1), and two others – Tetteh Nettey, (A2) and Fritzgerald Odonkor (A3) are standing trial for some 23 charges including stealing, and have pleaded not guilty.

Ato Essien before closing his defence mounted the witness box personally and denied the charges and called two witnesses.

A representative of the Governor of the Bank of Ghana, Mr. Emmanuel Edward Arhin was the last who appeared in court to tender some account Statements of Capital Bank between June 2015 and August 2017.

Mr. Arhin had told the court that he is with the banking department of the BoG at the level of Deputy Chief Manager.

The High Court in Accra hearing the trial of William Ato Essien and two others had summoned the governor or his representative to produce those documents upon request from Ato Essien’s lawyer.

In court on Thursday, March 17, the representative from the BoG was led by counsel for Ato Essien to tender in some of the account statements.

He was subsequently crossed-examined by the prosecution led by Mrs. Marina Appiah Opare, a Chief State Attorney.

Following the conclusion of the state’s cross-examination of him, he was discharged by the court presided over by Justice Eric Kyei Baffour, a Justice of the Court of Appeal sitting with additional responsibility as a High Court judge.

To this end, the 2nd accused person Nettey Tetteh has been ordered to open his defense at the next court sitting.

He has been personally informed by the court to tell his lawyer to adequately prepare for the proceedings on the next adjourned date.

The case has been adjourned to March 24, 2022.

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