By William Yaw Owusu
Friday, 25 August 2006
AN Accra Circuit Court yesterday refused bail to five people accused of the disappearance of 77 parcels of cocaine from MV Banjamin at the Tema Port for the second time when they appeared before it.
The five, Kwabena Amaning, also called Tagor; Issa Abass, Kwabena Acheampong, Kwadwo Ababio and Victor Kisseh, alias Yaw Billah, will appear before the court again on September 7 for the judge to decide on the issue.
They are facing provisional charges of conspiracy, engaging in prohibited business related to narcotic drugs, establishing and promoting enterprise relating to narcotic drugs.
The prosecution is yet to present the facts of the case and Nana Asante Bediatuo, counsel for Tagor, in moving for bail argued that the charge has not been properly laid before the court to warrant the continuous detention of his client.
He said the Minister of National Security was on record as telling the Justice Georgina Wood Committee investigating the disappearance of the cocaine that some unidentified persons went on board the vessel to retrieve the stuff and "once those persons are yet to be identified, a clear evidence will have to be established by the police before detaining him."
Mr Osafo Buabeng, representing Alhaji Abass, challenged the prosecution to establish a prima facie case before Act 714 which prohibits bail for such offence could be applied.
"The charges should be properly laid and it should be objective as well," he added.
He argued before the packed court that since Abass was initially detained on July 11 and released on July 25 by the Bureau of National Investigations (BNI) on the same offence, there was no justification for his continued detention.
Mr Kojo Graham, counsel for Acheampong, submitted that Articles 12 and 14 of the Constitution which deal with the liberties of individuals among other things, "is being breached in this case".
R. S. Blay, representing Yaw Billah also argued that the prosecution had failed to provide the ingredients to support the continued remand of the accused persons.
But the prosecutor, Deputy Superintendent of Police (DSP) Abichab Boye, continued: "We have made a headway in our investigations up to some point and if they are granted bail now, they may interfere with investigations. We still need them in our custody."
The judge in sending the suspects back to remand in police custody, said: "I have considered all the arguments made by counsel and I am of the view that the (bail) application is premature."
Tagor, Abass, Acheampong and Ababio were arrested on August 2 after testifying before the Justice Wood Committee.
Yaw Billah was arrested later by the police.
The provisional facts of the case are that sometime in November last year, the police had information about the arrival of a vessel, MV Benjamin, at the Tema Part with 78 parcels of cocaine.
But when the police raided the vessel, only one parcel was found.
Police investigations later revealed that the other 77 parcels were removed from the vessel before the police raid and the accused persons were suspected as having knowledge about the missing cocaine parcels.
As usual, there was huge presence of people and relations amidst tight security at the 28th February Road (Cocoa Affairs) courts yesterday to witness the trial.
Their first hearing of the case was on August 4. The accused were brought to court again on August 18 but the case was postponed to yesterday as the judge was said to be attending a seminar.
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