Defence Counsel Clash Over Clients' Bail

By William Yaw Owusu

Thursday, 21 September 2006
Two lawyers who are defending Roger Ocloo, an employee of DHL courier service and Ellis Tamakloe, a student yesterday "clashed" at the Greater Accra Regional Tribunal where the two accused persons are standing trial for conspiracy to export cannabis without lawful authority.

The two defence counsel argued over the decision of the Tribunal Chairman, Justice Frank Manu, to grant bail to Ocloo and remand Tamakloe.

Ocloo’s counsel, Joseph Turkson had renewed an application for bail for his client on their second appearance which was granted by the tribunal.

The tribunal declined bail for the two on their first appearance on August 6.

Patrick Sogbojor, counsel for Tamakloe however, raised an objection to the tribunal’s decision to grant Ocloo bail saying that the cannabis was found on Ocloo and not his client and that if a bail was to be granted it should rather go to Tamakloe.

Mr. Turkson, visibly furious, remarked, "you cannot talk like that. The issue of "possession" is yet to be proved by the prosecution. You are going to complicate matters for your client."

He argued that his client was able to identify Tamakloe who brought the cannabis saying, "by virtue of our employment we have the right to handle these things."

Mr. Turkson said it was not unusual that the waybills were found on Ocloo, adding that it was his (accused) duty at DHL to enter them in the record books.

Mr. Sogbojor countered by saying that Tamakloe helped the police to get to Harry Campbell (the man who is alleged to have given the cannabis to Tamakloe to post) and added that it is the police that committed blunders, leading to their inability to apprehend the third offender."

"It is not at my client’s instance that Harry has not been apprehended," he added.

The tribunal Chairman then rescinded his decision to grant bail to Ocloo and remanded the two men into police custody until September 27, and urged both counsel to exercise restraint and allow the police to conduct further investigations.

The two men are charged with conspiracy to export cannabis without lawful authority.

A Principal State Attorney, Alex Annor, at the last sitting told the court that the police had sent the substance to the Ghana Standards Board for analysis and the report was not ready as at yesterday.

The prosecution said that on August 30, Ocloo brought a parcel to the DHL office in Accra to be sent to the UK but the operational manager discovered that it contained some compressed dried leaves suspected to be cannabis.

The DHL subsequently reported the matter to the Narcotic Control Board leading to the arrest of Ocloo.

A search in Ocloo’s room led to the discovery of a number of waybills including the one used for the unsuccessful export.

During interrogation, Ocloo mentioned Tamakloe as the one who gave the parcel to him.

Tamakloe upon his arrest also told the police that one Harry Campbell now at large gave it to him to post to the U.K.