Fallout From 'Trouble Of Defiled Minor'
Findings | 25 March 2012 Last updated at 23:52 CET
Fallout From 'Trouble Of Defiled Minor'
Story: LAWYER RUNS FOR COVER! ...Seeks To
Gag This Paper For Publishing Official Document
"When you live by the sword, you die by the sword" By: Brent Mossburger |
After forcing and coaching his
client (name withheld) on what exactly to say to deny a defilement case in court
and depositing into the Ghana Commercial Bank (GCB) Account, Keta Branch, on
January 26, 2012, an amount of GH¢2,000, into the traumatized girl's account
with the promise to do more, Lawyer Nana Oppong of Due Diligence Law firm who is
also the Dean for Academic Excellence and Registrar at KNUTSFord University
College in Accra, has lost his cool with this paper for publishing an official
document (petition) addressed to the Chief Justice on the conduct of the once
trusted lawyer.
He has therefore filed a suit against the paper in an Accra
High Court, arguing that the paper, which is the 2nd and 3rd defendants in the
case, “had a duty to thoroughly investigate the case and to seek and to consider
Nana's input before pushing the said article. The Defendants failed to do
so.”
“The 2nd and 3rd Defendants had a duty to publish Nana's
version of facts at the same time as they published what they published. The
Defendants failed to do so. The 2nd and 3rd Defendants had a duty to refrain
from publishing false and injuries statement against Nana which they knew or
ought to have known would or was likely to cause injuries to the emotions and
reputation of Nana. They breached this duty in a fundamental manner,” the lawyer
said in the writ.
According to Nana, he had suffered “serious emotional,
psychological, professional and reputational injuries and that in the
circumstances, it would be just for this Honorable Court to award damages
against the defendants jointly and severally in the amount of $10,000,000 (ten
million) US Dollars,” for publishing the official document.
Also joined in the suit is the petitioner, Eunice Wubbeling,
who the lawyer is seeking, aside the $10,000,000 (ten million) US Dollars, from
the court, an order for a permanent injunction restraining Eunice Wubbeling and
her agents from contacting the Plaintiff directly or indirectly by any means
including telephone, text, letter, email, voice, symbols, and so on, and
damages, including aggravated damages as afore-described against all
defendants.
According to Nana Oppong in the writ, “The facts are that on
or about December 10, 2010 the Wubbelings retained Nana as their Lawyer to help
them in a criminal matter. The facts were that on November 21, 2010 Arthur Paes
who happened to be the owner of “Dutch Hotel” where Johannes Wubbelings was a
manager, had caused Johannes' arrest on the charge that Johannes had conspired
with dismissed employees to kill Arthur Paes in order to take over the
hotel.
“The case against Johannes Wubbeling was very serious, but
as a result of the competent intervention of Nana, Johannes Wubbeling became a
free man and all charges against him were dropped.
“As a consequence of the demonstrated competence of Nana,
the Wubbeling entrusted at least four additional lawsuits of theirs to Nana -
all of which were handled professionally by him.
“On or about December 11, 2010 the Wubbeling informed Nana
that they had information to the effect that one --- --- had been sexually
abused by Arthur Paes whilst she was a minor. At that time, the Wubbelings did
not know the girl. They did not know where she came from; they did not know her
relatives; they did not even know her telephone or address. Furthermore, the
Wubbelings are not related in any manner whatsoever to ---.
“After many inquiries of existing and past hotel staff, the
Wubbelings managed to contact --- and brought her to meet with Nana. Nana was
initially misled by Eunice to the effect that --- was a minor and asked Nana to
prepare a Power of Attorney appointing Eunice as her legitimate Guardian. This
was in January 2011.
“Thinking that --- was indeed a minor at that time, Nana
issued proceedings for damages, etc., against Arthur Paes accordingly. ---
however, subsequently directed Nana that she was not a minor. The result was
that the lawsuit had to be discontinued and a new one issued.
“Prior to the intervention of the Wubbelings, ---, who is an
orphan with a very sick mother, was being supported financially by Arthur Paes.
This financial support included payment for her fees, food, clothing, etc.
When the Wubbelings contacted --- however, they undertook to
take care of ---'s financial needs and moved her from her previous school to a
'hideout' school. They changed her telephone number and took other steps to
ensure that they had exclusive access and emotional and other control over
---.
“The Wubbelings took to support --- solely because they
planned to use her case as a means of 'getting' at Arthur Paes for what they
claimed he had done to Eunice in dismissing her from the hotel as an employee
and as against Johannes for causing his arrest, dismissing him from the hotel
and allegedly also creating a defamatory website against Johannes.
“At all material times, therefore, the Wubbelings invested
in the --- case in a calculated strategy of heaping maximum emotional and legal
injuries upon Arthur Paes. Their primary objective was not the protection of the
best interest of ---, but in obtaining vengeance against Arthur Paes, whatever
the consequences of same upon the best interest of ---.
“Nana however, made it clear at all material times that his
sole interest in filing the lawsuit for --- was to secure the best interest of
---. Nana could not, therefore, be supportive of any step(s) that had a tendency
or that were calculated to undermine the best interest of ---.
“On or about January 25, 2012 - after a long reflection on
the matter and after consultations with ---'s psychologist as to what was in the
best interest of --- - Nana met with --- in the morning at her school. Nana met
with --- in the open and only after seeking permission from the school's Madam
in-charge. After a thorough explanation of issues and discussions with ---, ---
freely and unambiguously instructed Nana to settle all her claims against Arthur
Paes.
“--- is neither a minor nor an imbecile. The settlement was
for the best interest of --- and she was very happy about same.
“When Eunice Wubbeling found out about the settlement later,
she went into a rage. She called Nana and cursed him. Further, she arranged a
meeting at the Accra Mall between herself, --- and ---'s uncle. Nana brought
along instructed Nana to settle the case on a full and final basis.
“Subsequently, Eunice and the uncle of --- came into Nana's
office and the only major concern of the uncle was money. In a goodwill gesture,
Nana gave the uncle money which he accepted and they left.
“Nana subsequently discovered that unknown to Nana, Eunice
had placed a recording device on --- in her subsequent visit to Nana's office.
The conversation that took place between Nana and --- were therefore recorded,
illegally, clandestinely in an attempt to blackmail Nana.
“When that did not work, Eunice caused a lawyer to write a
defamatory and baseless letter dated February 26, 2012, concerning Nana to the
Ghana Police, to the Ministry of Justice and 'to whom it may concern.' When Nana
refuted the lies in the lawyer's letter, the Wubbelings got very angry and on
March 1, 2012, Eunice unceremoniously stormed Nana's office with a uniformed
police officer hired by her illegally in an attempt to intimidate and to injure
Nana. Eunice Wubbeling brought along an insulting letter signed by the
Wubbelings terminating their retainer and demanded their files.
“The files were delivered to Eunice subsequently. However,
she insisted on receiving the files of ---. When it was explained that she had
no right to the files and that the files would be given directly to --- or to
her lawyer, Eunice sent text messages insulting Nana and threatening to bring
yet another police officer to his office for an unstated purpose.
“Eunice has since sent seriously threatening messages to
Nana to the effect that she and her accomplices would pay Nana a 'surprise
visit.'
“Eunice Wubbeling seeks to injure Nana only because he had
preferred the best interest of --- over other concerns in the --- matter.”
Meanwhile, this paper gathered from the Attorney General's
(A-G's) Department that Arthur Paes and his agents tried to stall the
prosecution of the case, by requesting for a letter for that purpose.
The letter (published elsewhere), the paper learnt, is what
Arthur Paes and his lawyers are using in the Netherlands to stop a major
publication on the defilement case.
However, this paper can report that the A-G's Department has
now been properly briefed and is all set to go ahead with prosecution.
Stay tuned for more revelations, especially from the
Attorney General's Department.