SITTING of the Presidential Commission of Inquiry probing Ghana’s Brazil World Cup 2014 poor showing at the tournament today turned into a legal tussle between members of the commission and a counsel for seven witnesses.
The Counsel Thaddeus Sory for seven witnesses who were subpoenaed by the Commission raised objections which ended up halting the proceedings for the day.
The objection raised by Mr. Sory turned into a legal debate when the Chairman of the Management Committee of the Black Starlets who doubles as the Vice President of the Ghana Football Association (GFA), Frederick Crentsil who was the first to take to the witness box to testify before the Commission.
Counsel who was representing six other witnesses Thaddeus Sory raised an objection about “why his client ( Mr Crentsil) has been subpoenaed to appear before the commission, seeking clarification from the commission on the legal status of his client before the Commission and that the notice was defective because his clients have to be given a mandatory time of two weeks after service of hearing notice.
He backed his objections with Constitutional Instrument (CI) 82, 85 and 65 and emphasized that, his clients needed to be given a stipulated time to enable them appear well prepared, also whether they were appearing as target witnesses or none target.
According to Mr. Sory, the rules of the commission provided for his clients to be told whether he was a targeted witness or not which was not stated in the subpoena.
He added that, subpoena did not provide enough reasons why Frederick Crentsil and the six other witnesses should give evidence before the commission since it did not offer enough protection of his rights particularly from future prosecution based on his evidence.
Mr. Sory said “… I am saying that it is not enough reason by virtue of your own [Commission’s rule] rule 8; I am saying that the detailed reasons are all provided for in rule 8 [Commission’s rule.’’
The reasons for which he [Crentsil] is invited here must all fall within the province of rule 8,’’ he added.
The Chairman for the Commission, Justice Senyo Dzamefe who could not help but interjected and said, “why do you want to make a big deal where there is no big deal”.
According to Justice Dzamefe, he could also make a verbal modification if the need arise and asked him to read rule 23 of the CI.
This rebuttal compelled the Commission to go for an abrupt recess to decide on the ruling.
Justice Dzamefe finally ruled that as chairman rule 20 (3) gives him the power to verbally modify the rules.
The members of the Commission after the a short recess returned with the following ruling;
To grant the witness 8 days notice as stipulated by the law which applied to all the other represented by Thaddeus Sory.
And also he assured the witness [Mr. Crentsil] that he is only appearing before the commission as a Chairman of the Starlets management committee and not as a target of the World Cup committee which same applied to the other witnesses.
The other six chairmen of the various national teams including Fred Pappoe, George Afriyie and Augustine Asante Osei Tutu Agyemang, MNS Doe, Adam Munkaila, Kweku Eyiah and Kojo Yankah could also not be heard by the commission because they all did not receive the 8 days notice by the commission and were represented by same (Thaddeus Sory).
The Chairman for the Commission however clarify that, he has the power to make a verbal modification which was allowed and later given a documented amendment but since the Commission was a friendly fact finding quaisal body that was why he had granted the pray since it was their right.
He observed that, although they have been called in a different capacity as chairmen for the various teams, they might be subpoenaed again when if the need arise and in another different capacities.
Justice Dzamefe further explained that, since the witnesses were not subpoenaed as target witnesses, whatever they may say cannot be used against them because they were none targets.
All the witnesses are however suppose to appear before the Commission on Friday September 26, 2014 with the exception of Mr. Frederick Crentsil who prayed to be given the following Monday September 29, 2014.
African Eye News
