Gabby should be investigated for ‘deceit of public officer’ – Martin Kpebu

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Private legal practitioner, Martin Kpebu has been disputing the Attorney-General’s legal advice to the Criminal Investigation Department (CID) of the Ghana Police Service concerning former Environment Minister, Dr. Frimpong-Boateng’s report.

The office of the Attorney General had advised that Prof. Frimpong Boateng’s allegations in his report on illegal mining activities in the country are empty and do not have evidence to prosecute the persons named in it.

The Attorney General therefore asked the police to discharge the persons mentioned in the report except those still under investigation.

But according to Martin Kpebu, the Attorney-General erred in his conclusion on the report.

In an earlier interview on Joy FM, he stated that Godfred Yeboah Dame had failed to conduct a thorough investigation into the allegations, thus he should reverse his advice and go over the matter again.

Speaking on Joy FM’s Super Morning Show on October 19, he reiterated the same, urging the Attorney General to, for instance, investigate Gabby Asare Otchere-Darko, cousin of President Akufo-Addo for his involvement in the illegal mining activities of Heritage Imperial.

Mr Otchere-Darko was cited in the former Minister’s report for allegedly influencing the release of some Chinese miners belonging to the mining company.

The report said Mr Otchere-Darko was well aware of the destruction his clients were engaged in and yet chose to use his privileged position to protect them and their destructive activities.

According to Martin Kpebu, the Attorney General could have asked Mr. Otchere-Darko to present all the mining leases he had allegedly claimed his clients possessed during his phone call with the former minister, failure of which he should be charged with ‘deceit of public officer.’

“… Gabby’s call was an interference of his work, right? So now question is, what did Gabby come out to say? He said he called to inform Frimpong-Boateng that Imperial Heritage had all the mining leases. So what I’m expecting is that now in the opinion did they show us that they talked to Gabby and Gabby has supplied all the mining leases? Has Gabby given them all the mining leases?

“Because in the interview, I can remember it clearly, Gabby called, he doesn’t deny it, that he called to say that they had all the documents. So where in the opinion was it shown and why don’t they exhibit it that Gabby has furnished them with the draft of mining permits and everything under the book that Imperial has? So in the absence of such evidence that’s a poor job. That is a poor job.

“That will be deceit of public officer. Deceit of public officer, a public officer engaged in trying to hold people to account then you call him and tell him that they have every permit under the sun, every permit. For me, until they bring the evidence it means that he doesn’t have it,” he said.

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