|
Wrongly Convicted Database Record
|
Charge: |
Conspiracy to defraud |
Sentence: |
"1 year or payment of GH¢500,000 fine" |
Years Imprisoned: |
|
Year Crime: |
2007 |
Year Convicted: |
2015 |
Year Cleared: |
2015 |
U.S. State or Country of Crime: |
Ghana |
County or Region of Crime: |
|
City of Crime: |
Accra |
Result: |
Judicially Exonerated |
Summary of Case: |
"Daniel Charles Gyimah and his codefendant Arvind Kumar Bhatnagar were wrongly convicted on February 27, 2015 by the High Court in Accra, Ghana of conspiracy to defraud, defrauding by false pretenses, forgery, and other charges. Bhatnagar was convicted in absentia because the crimes wee allegedly committed by Bhatnager prior to him leaving Ghana on January 31, 2007. Bhatnagar was a Dubai-based Indian businessman and a director of Eland International Ghana Limited. The case was in connection with a Collective Management Agreement signed between Eland and the National Investments Bank, of which Gyimah was the managing director, and for which the Bank had charged and received collateral management fees of GH$109,000. The High court sentenced both Bhatnagar and Gyimah to a fine of GH$500,000.00 or 12 months imprisonment in default on each count. On appeal Bhatnagar and Gyimah argued that their convictions and sentences should be quashed as a matter of law because after the charges were filed in 2010 no arrest warrant was issued, no criminal summons was served, and in the case of Bhatnagar no extradition proceedings initiated. So the codefendants could not have known to appear at the commencement of the trial to be duly arraigned before the High Court. The Attorney-General of Ghana did not oppose the appeal by admitting the partieshad not been served hearing notices before their trial. On October 20, 2015 the Supreme Court of Ghana quashed the convictions of Bhatnagar and Gyimah." |
Conviction Caused By: |
|
Innocence Proved By: |
"On October 20, 2015 the Supreme Court of Ghana quashed the convictions of Bhatnagar and Gyimah." |
Defendant Aided By: |
|
Compensation Awarded: |
|
Was Perpetrator Identified? |
|
Age When Imprisoned: |
|
Age When Released: |
|
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Re: Supreme court quashes conviction of former nib Boss, By graphic.com.gh, Graphic Online, November 4, 2015" |
Information Location 1: |
http://graphic.com.gh/news/general-news/52735-re-supreme-court-quashes-conviction-of-former-nib-boss.html |
Information Source 2: |
"Court fines former Boss of NIB for forgery and connivance, By Jeorge Wilson Kingson, Spy News Agency (Accra, Ghana), June 6, 2015" |
Information Location 2: |
http://spynewsagency.com/court-fines-former-boss-of-nib-for-forgery-and-connivance/ |
Information Source 3: |
|
Information Location 3: |
|
Information Source 4: |
|
Information Location 4: |
|
Information Source 5: |
|
Information Location 5: |
|
Book About Case: |
|
Book Information: |
|
Book About Case (2): |
|
Book Information (2): |
|
Movie About Case: |
|
Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org