The Special Prosecutor, Kissi Agyebeng, has lamented a noticeable in his cases at the court.
He revealed that his office is facing doom as a result of the recent judgment on the Labianca case.
According to the OSP, the trend will only open the floodgates for suspects to demand the halting of investigations against them.
A High Court on Monday November 272023 nullified a report by the OSP that implicated Col Kwadwo Damoah, a former Commissioner of the Customs Division at the Ghana Revenue Authority (GRA), and Joseph Adu Kyei, a former Deputy Commissioner of the Division, for their roles in providing a favorable tax treatment to Labianca Company.
This was after the two, Damoah and Kyei, had filed a lawsuit against the OSP in November 2022, contending that the report lacked merit and had harmed their reputations.
The court imposed costs of GH₵10,000 against the OSP and issued a restraining order to prevent the OSP from further investigating the two.
Speaking to pressmen on Wednesday November 29, 2023 Kissi Agyebeng said the ruling will erode the progress made in the fight against corruption.
He asked he is supposed to feel frustrated and resign.
“As I said, I wasn’t sounding like a prophet of doom but there is doom looming ahead of us, that very soon a murderer will boldly walk to go to seek an injunction. Should I feel frustrated and resign? I took an oath and in my life when I take on the reins to do something, I do it to the best of my ability.’
“The danger of this startling decision is again quite obvious. A judge has in the process granted two persons immunity from investigation and in effect immunity from prosecution. This decision opens up a calamitous deluge as every person under criminal investigation will be encouraged to take out suits to injunct investigation and prosecution bodies from investigating and prosecuting them.”
Kissi Agyebeng who appeared unhappy said “Let us bring before you the body of our investigation as evidence. If you look at it, and you decide that the evidence does not shore up to the standard of proof required in criminal cases, you can dismiss it but don’t prevent us from doing our work, from investigating. It is dangerous.”
Ghana | Atinkaonline.com | Vivian Adu