The trial Judge in the case of former MASLOC Chief Executive, Justice Serwaa Afia Asare-Botwe, has strongly advised prosecutors in the case to fully exhaust all the prerequisite legal processes before she can allow a trial in absentia.
The prosecution has pushed for the Court to try the former Chief Executive, Sedinam Attionu Tamakloe, in absentia, accusing her of attempting to “evade justice”.
However, on two occasions, the prosecution has been unable to serve processes compelling the two sureties to appear and show to the Court why they should not be held responsible for the failure of the accused person to attend to the Court.
In Court on Monday, May 9, 2022, a Principal State Attorney leading the prosecution, Stella Ohene Appiah, told the Court that although the prosecution had informed the sureties [Gavivina Tamakloe and Alex Mould], the two were yet to be served. Madam Appiah told the Court “they said they are not comfortable directing officers to their home, so we agreed that we will meet somewhere and serve them.”
While “Mr. Mould has been served”, Mr. Gavivina Tamakloe “said he had relocated to the Volta Region and does not feel comfortable disclosing his house to an officer of EOCO.”
Not impressed with the reasons given, Her Ladyship Asare-Botwe charged the prosecution to “just do your work. Just serve. If not there are things you can do with applications.”
“Until you can actually show that the person has absconded, and the recognizance has been forfeited there shall be no trial in absentia. It doesn’t make sense to me. I will not determine the application for trial in absentia until the application for forfeiture has been determined”, Her Ladyship said.
The case has been adjourned to May 24, 2022, at 9:30 am.
