The High Court in Accra has acquitted and discharged a lawyer, Daniel Opare Asiedu, who was jailed by the Accra Circuit Court, on October 26, 2022, in child adoption case.
The court, presided over by Mrs Justice Mary Ekue Yanzuh, also acquitted Ms Elizabeth Arthur Adjei, also known as Maa Lizzy, Proprietress of God Kids Orphanage, who was also jailed by the same court.
A certified true copy of the High Court secured by the Ghanaian Times indicates that the High Court acquitted and discharged Mr Asiedu and Madam Adjei on June 2, 2023.
It was the case that the duo on August 28, 2018, were arraigned together with Ms Adjei charged with conspiracy to commit crime to wit defrauding by false pretences.
Mr Asiedu was charged with abetment of crime.
The court sentenced Ms Adjei (the first appellant) to 36 months imprisonment a fine of GH¢6,000 or in default serve 18 months.
The court sentenced Asiedu (the second appellant) to 36 months imprisonment and a fine of GH¢12,000.
The two appellants filed an appeal on November 22, 2022.
They both spent eight months in prison before being acquitted and discharged.
The High Court acquitted and discharged the appellants on the grounds that the charges levelled
against them by the prosecution were completely different from the evidence adduced at the trial.
“Indeed, the evidence led by the prosecution at the trial had nothing to do with the charges preferred against the accused persons,” the judgment said.
It said the High Court again found that the trial judge erred when she based her judgement on facts totally unrelated to the charges against the appellants.
It was also the case that High Court also found out that the charges levelled against the appellants had no basis.
The High Court, according to the judgement, held that the prosecution failed to adduce enough evidence to support the conviction and sentence, and the appellants ought not to have been convicted.
The High Court confirmed that the appellants were innocent of the charges against them at the Circuit Court and, therefore, their conviction and sentences were made in error.
The High Court set aside the Circuit Court’s conviction and sentences of the appellant, the judgement concluded.
BY NORMAN COOPER