Capital Bank case: Ato Essien diagnosed with sleep disorder; court threatens bench warrant
A Commercial Court in Accra has said it will be forced to issue a warrant for the arrest of the former chief executive officer of the defunct Capital Bank, William Ato Essien for delaying in the presentation of his evidence in chief to the court.
This follows the failure of the CEO of the defunct bank to appear before the court on Thursday, 25 November 2021.
The Court presided over by Justice Eric Kyei Baffour noted that it will be compelled to act if the CEO of the defunct bank and his lawyers continue to delay the process.
The CEO of the defunct bank opened his defence on Thursday 4, November 2021.
He appeared before the court again on Thursday, 11 November and Thursday, 18 November but failed to appear today.
A letter was presented to the court from the doctors of the CEO by his Lawyer, Baffour Gyau Ashia Bonsu notifying the court that he was suffering from sleep Apnea.
Lawyer Ashia Bonsu, therefore, prayed the court to adjourn for two weeks to enable his client to recover from the condition.
Reacting to the letter, the presiding judge stated: “I have been shown a letter purported to have emanated from one Dr Rex Kwame Bonsu of Korle Bu Teaching hospital.
“In the said letter, it is claimed that the witness before the court, who is the first accused in the case, has been diagnosed with what the doctor claims is an obstructive sleep disorder (Sleep Apnea). The letter proceeds to state that the blood pressure of the first accused is also fluctuating.”
The judge, however, noted that the symptoms being experienced by the CEO of the defunct bank are normal following the opening of his defence in respect of the charges preferred against him.
“Having opened his defence in respect of the charges against him which provides for anxious moments, these symptoms are natural products and I don’t see it as a good basis for the first accused being absent from court.
“Beyond this, the court has observed the snail's pace approach that has been adopted in the delivery of the examination-in-chief of the first accused.”
The court, therefore, ordered the CEO of the defunct bank and all other accused persons “to file their respective witness statements intended to be used as evidence in chief before the court.
“The witness statements are to have all the necessary attachments by way of documents that the accused persons intend to tender as exhibits before the court”.
Sitting has since been adjourned to Thursday, 9 December 2021.
The founder of the bank has been accused of collapsing it.
Source: classfmonline.com
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