Sky Train trial: $2m loss was caused by Covid-19, defence lawyers argue

Lawyers representing former Ghana Infrastructure Investment Fund (GIIF) Chief Executive Officer, Solomon Asamoah, and former GIIF Board Chairman, Prof. Christopher Ameyaw-Akumfi, have urged the High Court to dismiss charges against their clients, arguing that the alleged $2 million loss associated with the controversial Sky Train project resulted from the global Covid-19 pandemic rather than any criminal misconduct.

The defence team has filed a submission of no case, asking the court to rule that the prosecution has failed to establish sufficient evidence requiring the accused persons to mount a defence.

The application marks a significant stage in the ongoing trial, as the court prepares to determine whether the prosecution has presented enough evidence to justify continuing proceedings against the former public officials.

According to lawyers for the accused persons, the financial loss cited by prosecutors was not the result of fraudulent conduct, negligence, or any deliberate misuse of public funds.

Instead, they contend that the investment was negatively affected by extraordinary global circumstances arising from the Covid-19 pandemic, which disrupted economies, delayed infrastructure projects, and caused widespread uncertainty across international financial markets.

The defence argues that the pandemic severely impacted business operations and investment activities around the world, making it unfair to attribute the project's failure solely to decisions taken by the accused persons.

Lawyers maintain that the circumstances surrounding the investment should be viewed within the broader context of a global crisis that affected governments, corporations, and development projects internationally.

The legal team is asking the court to uphold a submission of no case and terminate the proceedings without requiring either Solomon Asamoah or Prof. Ameyaw-Akumfi to open their defence.

In criminal proceedings, a submission of no case is typically made when the defence believes the prosecution has not presented sufficient evidence to establish a prima facie case against the accused.

If successful, the application would bring the trial to an immediate end and result in the discharge of the accused persons without the need for further testimony or evidence from the defence.

The defence insists that the prosecution has failed to demonstrate any criminal intent or unlawful conduct linked to the investment transaction at the centre of the case.

The matter is currently before Justice Audrey Kocuvie-Tay of the High Court.

During the latest hearing, the court granted the defence three weeks to formally file and argue its application.

The judge is expected to review the submission alongside the evidence already presented by the prosecution before deciding whether the accused persons have a case to answer.

The ruling will determine the next phase of the proceedings and whether the trial proceeds to the defence stage.

The Sky Train project has remained one of Ghana’s most debated infrastructure initiatives in recent years due to questions surrounding investment decisions, project implementation, and the use of public resources.

The case has attracted considerable public attention because it involves senior former officials of the Ghana Infrastructure Investment Fund and allegations relating to the management of funds connected to the proposed urban rail transportation project.

Prosecutors have alleged that the state suffered a financial loss of approximately $2 million linked to the transaction.

However, the defence maintains that the investment loss was caused by unforeseen global economic disruptions rather than criminal wrongdoing.

Legal analysts say the court’s upcoming decision on the submission of no case could prove pivotal in determining the future of the trial.

Should the application succeed, the proceedings could end without the accused persons being required to present evidence in their defence.

If the court rejects the application, both Solomon Asamoah and Prof. Ameyaw-Akumfi will be expected to open their defence and respond to the allegations before the court reaches a final judgment.

For now, attention remains focused on the High Court as it considers whether the prosecution has established sufficient grounds to continue the trial over the alleged $2 million loss connected to the Sky Train project.