The move by Daniel Duku, a former Chief Executive of the Venture Capital Trust Fund (VCTF) who is standing trial for causing financial loss to the state, to pay GH¢15 million as restitution to the state is in limbo.
An Accra High Court yesterday rejected an agreement reached between Duku and the Attorney-General on the terms of the restitution.
The presiding judge, Justice Anthony Oppong, a Justice of the Court of Appeal, with additional responsibility as a High Court judge, was not happy with the agreement as it currently stood and, therefore, directed the two sides to go back and rewrite it in conformity with what he described as best practices.
Amount not enough
Duku and two other accused persons — Irene Anti-Mensah, who was his Executive Assistant at the VCTF, and Frank Aboagye Mensah, Anti-Mensah’s husband — had decided to pay restitution to the state.
Per their actions, the three accused persons want to plead guilty to a total of about 42 charges levelled against them and make amends by paying the money they allegedly took from the state, in line with Section 35 of the Courts Act, 1993 (Act 459).
Such a move, although will make them convicts, will help them escape custodial sentences.
However, at yesterday’s hearing, Justice Oppong said the GH¢15 million being offered by Duku was not satisfactory, as he (judge) had personally calculated the amount on the charge sheet and realised that Duku caused financial loss of more than GH¢40 million to the state.
“We are dealing with state resources. The restitution must reflect the GH¢40 million, so that the state does not lose the money,” he said.
The Director of Public Prosecutions (DPP), Mrs Yvonne Atakora Obuobisa, explained to the judge that the GH¢40 million was the amount all the six accused persons had been accused of stealing from the state.
She also said the amount stated on the charge sheet included the principal and the interest.
