The proceedings of the corruption case against 12 individuals including former Defence Minister Seye Abraha, his brothers and a sister, former Prime Minister Tamirat Layne, yet again took a sudden twist.

ADDIS ABABA – The proceedings of the corruption case against 12 individuals including former Defence Minister Seye Abraha, his brothers and a sister, former Prime Minister Tamirat Layne, yet again took a sudden twist when the Ethics and Anti Corruption Commission yesterday asked The Federal Supreme Court to allow it to retract its pre-trial charges.

In addition, Prosecutor for the Commission Abohay Guadie has submitted a written statement that he intends to press new charges.

The Prosecutor’s appeal comes 14 months after the accused have been detained without bail.

It is to be recalled that the Commission, on October 23rd, had pressed charges against 12 people. As per the Court’s order, we have later during the trial, made amendments to the charges and submitted them in three separate documents.

However, Ato Abohay went on to say, after having submitted our statements, new substantive evidences have come up. As a result, in order to better support our accusations, in order for the accused to easily and better understand the charges made against them and defend themselves, and to help the Court make its decisions by presenting our case in a manner that is clear and detailed, we have found it necessary to retract previous charges and replace them with new ones, Prosecutor Abohay read to the Court.

This is to be the third time that the same corruption trial has taken a sudden turn.

On December 13th 2001, it was ruled that there be a preliminary hearing of the corruption trial.

By that time, the Commission had already pressed its charges and the Prosecutor and defence had argued their points.

After five months of preliminary hearing the Court was expected to make a decision about the case.

According to the law, the Court, after having heard the statements of both sides was expected to pass its decision on whether to proceed with the case or throw it out.

The Commission however, made an unexpected plea on May 13th, that it be allowed to respond to the responses of the accused.

The Court granted the commission’s request on grounds that although the said law does not allow for the Prosecutor to give a response, it did not explicitly deny it either.

On June 24th, The Supreme Court ordered the prosecutor to submit amended charges where in it was to be stated clearly in a detailed manner the charges being made against each of the accused.

The Court also ordered that the charges be presented in three separate documents.

The Commission accordingly submitted the documents on July 8th.

After having inspected the three documents, the Court was expected yesterday to pass its decision on whether to proceed with the amended charges or not.

Lawyers of the defendants contested the Prosecutor’s request to press new charges, saying that the articles that the Prosecutor cited as supporting his request were not applicable.

They added that this latest move by the Prosecutor would only add to the extensive time that the accused have been detained without bail.

The lawyers however stated that they were not against the Commission’s request to retract its previous charges.

They asked the Court to accept the Prosecutor’s appeal to retract his charges and consequently rule for the release of their clients.

Ato Abebe Workie, lawyer to two of the accused Ato Fitsum Zeab Asgedom, publisher of The Daily Monitor, Mr. Hiraiyer Bhenisilian also a business man said in the court that it was a shame and a cause for much frustration that such appeal should be brought to The Supreme Court at this stage.

Allowing that to happen would be to neglect due process of the law. It is also in violation of the accused constitutional right for a speedy trial.

Besides, throughout this trial, the court has passed every decision with clear understanding. Therefore, why does the Prosecutor now find it that he has to press new charges so the court could make its decisions with clear understanding? Ato Abebe asked.

The hearing has been deferred for Monday August 5, during which time the Court is expected to pass its decision both on the amended charges, and on whether to allow the Prosecutor to retract previous charges and press new ones.

The Daily Monitor (Addis Ababa), August 1, 2002