A-G rejects Ato Essien’s ‘totally unacceptable’ refund terms

Attempts by founder of defunct Capital Bank, William Ato Essien, to refund some ¢27 million to the state has hit a snag.

The Attorney-General has rejected terms of the refund, with the Chief State Attorney, Marina Appiah Opare, describing it as “totally unacceptable”.

Mr. Ato Essien is standing trial with three others Tetteh Nettey, Fitzgerald Odonkor and Kate Quartey-Papafio -who all served as executives of the bank.

It is over the various roles they played, leading to the collapse of the bank he founded.

The four were slapped with 26 charges, including conspiracy to steal, stealing, abetment of crime of stealing and money laundering.

 In a move meant to reduce his charges, legal counsel to Ato Essien informed the court that his client was prepared to refund ¢27.5 million to the state.

Already, he had paid back ¢1.4 million and added at least 19 new cars cleared from the port.

The Attorney-General indicated it was willing to listen to Ato Essien’s offer to refund as allowed under Section 35 of the Court’s Act.. The court gave the parties some time to iron out the terms, adjourning to June 18, 2020.

But in court Thursday, the prosecutor indicated to the judge, Justice Kyei Baffor, that the terms were not good enough.

“We were directed by the court to report to the court about the account of our negotiations. I must say negotiations is still ongoing, the third proposal was unacceptable to the prosecution,” the Chief State Attorney, Marina Appiah Opare.

She told the court that “subsequently we have received another proposal from the accused person but they are yet to receive a response but subject to that we are unable to reach a consensus, we pray the trial proceeds.”

Explaining why the court should proceed with trial, the Chief State Attorney indicated that at best a successful negotiation could lead to the dropping of not more than four charges.

But Baffour Gyawu Bonsu Ashia, who is legal counsel for Mr. Essien, wanted an adjournment, expressing hope that a successful agreement on the terms of the refund would have a substantial bearing on the case.

Justice Kyei Baffour adjourned proceedings to July 9.

“I accede to the prayers of both the prosecution and the defense counsel for one last adjournment date in order to conclude their negotiations in accordance with art 459. I place on record that notwithstanding any possible outcome of the negotiations, trial will proceed on July 9 at 11:30,” he said.