Evelyn Keelson, Chief State Attorney (CSA) has insisted that Dr. Francis Baah and Mr. James Kofi Kutsoatsi were in the meeting with other Scientists when Dr Stephen Kwabena Opuni gave the famous instruction that testing of fertilisers should be shortened.
She said the others present at that meeting were; Dr. Franklin Manu Amoah, Mr. Yaw Akrofi, Mr. A.A. Afrifa and Dr. Adu Acheampong.
While the prosecution insisted on saying that these Scientists were at the meeting, Dr. Francis Baah, who was at the time the Office Manager of Dr Opuni, denies ever attending the said meeting.
Dr. Baah, Director of Research at the Ghana Cocoa Board (COCOBOD) said the meeting could not have been possible since Mr. Kutsoatsi, Deputy Chief Executive in charge of Operations, assumed office in April 2014 and the meeting was in January.
He refuted the assertion by the prosecution, when he appeared before Justice Aboagye Tandoh, the presiding judge of the Land Division of the Accra High Court.
Dr. Baah admitted having organised a presentation, but not a meeting for Dr. Opuni, which each Head of unit under the board took turns to explain what they do to enable the new Chief Executive to familiarise himself with their functions.
However, Mrs Keelson holds on to this view that these scientists attended meeting, which benefitted Lithovit Foliar fertiliser, and cross-examined Jerome AbgesiDogbatse, a senior research scientist at CRIG, on the matter.
According to her, Mr. A.A. Afrifa, then head of Soil Science Division of CRIG had written in his report that lithovit foliar fertiliser is a very fine powder and testified before the Adu-Ampomah committee that the samples submitted by Agricult Ghana Limited to CRIG for testing were in plastic containers.
Furthermore, Dr. Adu Acheampong had confirmed to the Adu-Ampomah Committee that the said meeting was held by the former Chief Executive of COCOBOD, Dr Opuni, in his office, to request the shortening of the time for the testing of chemical products.
Dr. F.M. Amoah, former Executive Director of Cocoa Research Institute (CRIG) and 1st Prosecutor Witness (PW1) in GH¢271.3 million cocoa fertiliser trial, had also made same claims to that effect.
PW1 told the court that Dr Opuni, 1st accused (A1) in the trial, gave the instruction soon after assuming office in January 2014.
Mrs. Keelson stated, while cross-examining Jerome that the lithovit fertilizer tested by Dr Alfred Arthur was, therefore, powdery.
She further stated that the testing of lithovit fertiliser was truncated at the nursery stage, so no further testing of the product was conducted on mature cocoa on the field.
The Prosecution also confronted the witness with the issue that he has no appreciation of the Material Safety Data Sheet (MSDS) that was attached to the lithovit fertiliser samples delivered.
Jerome, subpoenaed to testify for Seidu Agongo and Agricult Ghana, told the court in the witness box, last week Wednesday, May 15, 2024 that he only reviewed the draft report on lithovit
He agreed that the testing of the product was truncated at the nursery stage, but did not see it, as the test was completed before CRIG employed him on November 4, 2013.
Cross examination of DW3 led by Prosecution
Q. You have also stated that apart from your orientation, you have subsequently reviewed the draft report on the test, that’s correct?
A. Yes my lord, that’s correct.
Q. So Jerome, you did not see the substance of lithovit which was submitted by Agricult Ghana Limited through COCOBOD to CRIG for testing?
A. Yes my Lord.
Q. You also never saw the material data sheet, which accompanied the submission of the substance of lithovit for testing, is that correct?
A. Yes my lord, that is correct.
Q. But in your statement to the CID, which was tendered in evidence through you, Exhibit 142, you told the police that the last sentence of the first page through to the next page – “you were told that the product that was brought to the institute was in a powder form and not in a liquid form, is that correct?
A. Yes my lord.
Q. Have a look at Exhibit A, which is the letter from COCOBOD, which forwarded the lithovit sample for CRIG for testing.
On that letter, you will see from where it was first minuted to the chairman of the CTCM, is that correct?
A. Yes my lord, that’s correct.
Q. Then it was subsequently minuted to Mr. Akrofi to handle from the minute of the letter, is that correct?
A. Yes my lord, that’s correct.
Q. Then it was minuted to head of the Soil Science division, who I believe was Dr. A.A. Afrifa, is that correct?
A. Yes my lord, that is right.
Q. Mr. Afrifa then minuted it to Dr. Arthur to treat, is that correct?
A. Yes my lord.
Q. I’m putting it to you that Dr. Alfred Arthur, who tested the Lithovit fertilizer at CRIG has always maintained that the lithovit fertilizer he tested, when it was brought to CRIG, was powder and not liquid, either in his statement or before the Adu Ampomah Committee, is that correct?
A. My lord, all I know is that he said that at the Adu Ampomah Committee.
Q. Have a look at Exhibit B1, the report on the testing of lithovit from COCOBOD. The report describes the lithovit foliar fertilizer as very fine powder, is that correct?
A. Yes my lord, that is correct.
Q. Look at Exhibit H. Look at page 29 and this is the question of Mr. A.A. Afrifa. From the question he was asked, “when you stated in your report, lithovit foliar fertilizer is a very fine powder, you were not being truthful” ? His answer was no. The lithovit itself is powder. What he brought to us was in plastic containers,” that happened, is that not it?
A. Yes my lord.
Q. He was asked again, was it powder or liquid. And his answer was if you look at it, it just look like sand, in exhibit H, is that not it?
A. Yes my lord, that is correct.
Q. At the Adu Ampomah Committee, you and Mr. Afrifa described to the committee the procedure for receiving fertilizer for COCOBOD for testing, you remember that? Look at page 4 of appendix A of Exhibit H, you described your procedures for testing, is that correct?
A. Yes my lord.
Q. Mr. Afrifa also described the procedure at page 14, appendix A, Exhibit H, from his answer after the 3rd question?
A. Yes my lord.
Q. From the procedure described, it is clear that the testing of the fertilizer is initiated from when the sample is forwarded to COCOBOD, after same has submitted to the company?
A. Yes my lord, that’s correct.
Q. Additional samples are normally requested for when necessary, if the test is to be carried out on mature cocoa on the field. Is that correct?
A. My Lord that is not correct. Samples are requested in the budget, additional samples are requested when the samples supplied are not adequate.
Q. I’m putting it to you that with the testing of Lithovit fertilizer at the nursery stage, the sample which was submitted for testing Exhibit E was more than adequate for the nursery test?
A. My Lord, I didn’t participate in the test, so I can’t speak to it.
Q. I’m further putting it to you that the testing was truncated at the nursery stage so no further test was conducted on lithovit fertilizer on mature cocoa on the field?
A. Yes my Lord, I didn’t see that in the report that I reviewed.
Q. At the Adu-Ampomah Committee, from Exhibit H, you informed the Committee that the testing of a fertilizer, like lithovit, will require a minimum of two years to determine its effectiveness, look at page 5, you said that to the Committee?
A. Yes my Lord, I said that.
Q. At the time the first accused person took office as Chief Executive at COCOBOD, you were a junior scientist, is that right?
A. My Lord I was a Research Scientist.
Q. Have a look at Exhibit H, at page 32, the last but one answer before the Adu-Ampomah committee, Dr. Adu Acheampong informed the Committee that they met in Dr. Opuni’s office and he requested they shorten the time for the testing of chemical products, especially for the generics, which are products known over the years, you can see that?
A. Yes my lord, I can see that in Dr. Acheampong’s evidence.
Q. He also informed the Committee that at that meeting he wanted to make a point, but the first accused shut him down. Is that also there?
A. Yes my Lord.
Q. On page 32, Dr. Adu Acheampong told the Committee the scientists who were present at this meeting were Dr.Amoah, Mr.Akrofi, Mr.Afrifa, Dr. Francis Baah and Mr.Kutsoatsi. That is correct?
A. Yes my lord.
Q. Now turn to page 26 of Exhibit H, the questioning of Mr. A.A. Afrifa, look at the answer from the middle, A.A. Afrifa also informed the Committee that they met the first accused in his office in a round table discussion, where he instructed them to shorten the testing period, is that correct?
A. Yes my Lord.
Q. You told the court that you testified about re-evaluation exercise that you were part of in the Eastern region. At the Adu Ampomah Committee Exhibit H, Appendix A, at page 3, you told the Committee that you collected data after the sorting and collation of questionnaire and the responses to the lead scientist of the team for further processing that is correct
A. Yes my Lord that is correct.
Q. But you also told the committee that you did not see any report of your work?
A. The question posed to me was, “so wouldn’t you know the final report of your work?” and I answered I didn’t see anything.
Q. Jerome you have never worked at COCOBOD?
A. My Lord that is not correct, I’m an employee of COCOBOD.
Q. Where have you been stationed since you started working with COCOBOD?
A. My lord at CRIG New Tafo.
Q. So you have never been stationed at COCOBOD head office?
A. My Lord yes, that is correct.
Q. It follows that you have also never worked at CHED. Is that correct?
A. Yes my Lord that is correct.
Q. So you do not know the circumstances under which Exhibit 138 was prepared. That is correct?
A. Yes my lord, that is correct.
Q. You do not have any hand in Exhibit 138?
A. My Lord yes, that is correct.
Q. You were cross examined on Exhibit 133, which is a scientific report from Ghana Standards Authority. You do not know the circumstances under which that report was issued by the Ghana Standards Authority?
Benson: I object to the question, the operative word is circumstances, he has not told the witness what the circumstances are. I don’t know what the question is, circumstance can have a negative or positive connotation
Prosecution reframes the question.
Q. You do not know what EOCO asked the Ghana Standards Authority to examine, which produced this report, Exhibit 133?
A. Yes my Lord.
Q. Exhibit 142, which is your statement to the CID, was your story to the CID when they questioned you in the course of their investigations on what you knew about the testing of lithovit fertilizer when they questioned you in the course of their investigations, that is correct
A. Yes my Lord that is what I told the CID
Prosecution: my lord, that will be all for the witness.
Prosecution: I don’t have further questions for this witness
