Lawyer Protest Open Inquiry Into M&J Scandal

A legal practitioner, Nana Ato Dadzie, has raised issues over the decision of the Commission on Human Rights and Administrative Justice (CHRAJ) to institute an open inquiry into the Mabey & Johnson (M&J) scandal. Nana Dadzie, who is also a solicitor and counsel for Dr Ato Quashie, one of the persons mentioned in the M&J case, in a letter to CHRAJ, was of the opinion that the Commission ought not to be stampeded into an open inquiry in the M&J case when the very documents which formed the basis of the said allegations raised against the officials were unavailable or inadequate, as the Commissioner of CHRAJ, Mr Justice Emile Short himself stated recently. According to Nana Dadzie, CHRAJ's insistence on the probe would amount to double standards when, in February 2010, Mr Short had made a public pronouncement that CHRAJ "is unable to proceed with the M&J allegation probe because it has not received all the documentation on the allegations it seeks to investigate". He further stated that after reviewing the certified copy of the Regina vrs Mabey and Johnson case decided by the Southwark Crown Court dated 25/9/09, Suit No T20097513 forwarded to the solicitors by CHRAJ, he and his colleagues who constituted the defence counsel could not but agree with CHRAJ that "the said document cannot form the basis without more of any credible allegations for which a competent constitutional, legal and juridical body like CHRAJ would want to subject our client to any form of public enquiry". "Like CHRAJ, our client does not have access to all the documents which form the basis for the said allegations. Our client is not expected to respond to the allegations the basis of which is uncertain and which he has no access to," he added. He further stated that "a cursory reading of the judgement of the Southwark Crown Court referred to various other documents, material and private arrangements which went on between Mabey and Johnson and the SFO (UK), matters which were neither brought before the court nor seen by their clients". Nana Dadzie further stated that "the SFO, at Paragraph 194 of the �Prosecution Opening Note� to the Southwark Crown Court, stated with emphasis that the SFO decided not to mention the names of certain directors, executives and employees of M&J at this stage because they may face trial in English courts". He said the SFO further stated that "the fact of the naming of certain directors, executives, employees of M&J and any others should not be taken by this court, the public and press as determinative of guilt of any of the persons named in this opening note. In the interest of fairness to those who are under investigation, no settled view concerning the culpability of individuals; whether named here or not, has been made". "If investigations are yet to be concluded concerning a number of unnamed and unidentified individuals allegedly involved in the case, then who are the alleged accusers of our clients for which a public inquiry is being held here in Ghana," he asked.