The Member of Parliament for Manhyia South, Nana Agyei Baffour Awuah, has criticised the Court of Appeal’s decision to acquit former Microfinance and Small Loans Centre (MASLOC) Chief Executive Officer, Sedina Tamakloe-Attionu, arguing that the court misapplied the law in reaching its verdict.
According to him, the appellate court relied heavily on evidence that had not been tested in court while failing to give sufficient weight to sworn testimony that was subjected to cross-examination during the trial.
Mr. Awuah contended that the judgment overlooked key aspects of the prosecution’s case, particularly evidence relating to the alleged disbursement of funds to Obaatanpa Microfinance.
He also maintained that the Court of Appeal failed to consider the legal implications of evidence that went unchallenged during cross-examination.
Speaking on Accra-based Channel One TV, the private legal practitioner argued that the court erred by placing reliance on an untested police statement instead of evidence presented under oath during the trial.
“I think the Court of Appeal misdirected itself on the position of the law. That misdirection, which is an inconsistency, is obvious. Sedina had not gone to the witness box to testify. The statement she gave to the police had not been tested, and you cannot use untested or unsworn evidence to assail tested evidence,” he said.
He further pointed to the testimony of a witness from Obaatanpa Microfinance, insisting that it was not challenged during cross-examination and should therefore have carried significant legal weight.
“They called a witness from Obaatanpa, who came to say they delivered the money to her. He gave you the location where the money was delivered. There’s no evidence that Sedina’s lawyer, during cross-examination, challenged Obaatanpa on his claim. The effect of this in law, the Court of Appeal didn’t discuss. The effect of this is on admissibility,” he added.
The Court of Appeal recently quashed Madam Tamakloe-Attionu’s conviction and 10-year prison sentence after ruling that the prosecution had failed to prove its case beyond reasonable doubt.
The case centred on allegations that she unlawfully diverted a GH¢500,000 loan facility intended for Obaatanpa Microfinance after the institution had reportedly declined the facility.
Meanwhile, the Attorney-General has filed an application at the Supreme Court seeking a stay of execution of the Court of Appeal’s judgment pending the hearing of the State’s appeal, arguing that there is a risk the former MASLOC CEO could leave the country before the appeal is determined.
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