Tempers nearly flared up when the case of Felix Twumasi-Appiah, Member of Parliament (MP) for Sene in the Brong Ahafo Region, and Juan Carlos, Spanish national was called at a circuit court in Accra.
Twumasi-Appiah is alleged to have misrepresented himself and succeeded in fraudulently causing the Police to release 30,000 dollars meant for a Spanish businessman, Juan Francisco Osorio Lozano, to Juan Carlos, without
the consent of Lozano.
The court is yet to take pleas of the accused persons charged with conspiracy, defrauding by false pretence and stealing.
While the MP was admitted to 100,000 Ghana cedis self recognisance bail, Carlos was admitted to 150,000 Ghana cedis bail with three sureties to justify.
At the court's sitting on Tuesday, the prosecution vehemently opposed to the release of Carlos' passport to him.
Assistant Superintendent of Police (ASP) Adrian Dery contended that because he did not live within the jurisdiction, if his passport was
released to him, he could leave the country.
He said despite his plea, Carlos had petitioned President John Evans Atta, and Ghana Police Service among others over the case.
The prosecution's assertion did not go down well with Mr Joshua Nimako, Counsel for the accused persons, who contended that prosecution's
pronouncement was going to prejudice the mind of the court.
Both the defence and prosecution declined to sit.
It took the intervention of the trial judge, Mr D.E.K. Daketse to calm them down.
Twumasi-Appiah was in court when the case was called, but his counsel, Mr Nimako informed the court that his client was indisposed saying his (Twumasi-Appiah's) absence in court did not constitute gross disrespect to the court.
In the case of Carlos, Mr Nimako recounted the hardship that his client was going through.
He prayed the court to release his passport to him to enable him to visit his family and return by the next adjourned date.
Counsel said at the moment, Carlos was finding it difficult to pay his hotel bills and had received a message from his wife that his child was suffering from pneumonia.
He said that considering the sureties, there was no way their accused would abscond.
Counsel informed the court that the 30,000 dollars had been deposited with the Police.
The court declined to order the Police to release Carlos' passport and adjourned the matter to Monday, May 24.
Prosecution's case was that Mr. Lozano, a Spanish businessman, who arrived in Ghana to transact business, was the complainant in the case.
Sometime in March this year, Nana Kwame Donkor, a businessman transacted business with Mr. Lozano on behalf of his company to supply gold worth 160,000 dollars in three tranches.
However, after two supplies, Nana Donkor was unable to supply the third tranche of gold and promised to refund the remaining amount to Mr. Lozano.
Prosecution said Nana Donkor contacted the MP to help transfer the money back to the complainant in instalments since it was impossible to transfer the amount in cash through the banks.
The prosecutor said two cheques were therefore signed and left for the accused persons to facilitate the transfer.
Nana Donkor however, paid 30,000 dollars as part payment, to the Police to be given to the complainant.
The MP and his accomplice went to the office of Superintendent of Police Yaa Tiwa Danso, Commander of Commercial Crime Unit where Carlos
claimed the complainant was sick and unable to travel to Ghana and had therefore instructed him (Carlos) to collect the money on his behalf.
Prosecution said with the Sene MP in the frontline, the Police did not suspect any foul play and subsequently released the money to Carlos, only for the businessman to show up, demanding the money.