By William Yaw Owusu
Friday, 08 December 2006
PRINCE Tsibu-Darko, 49, the Tema-based businessman charged with exporting 3,700 kilogrammes of cocaine to Europe, was refused bail by an Accra Fast Track High Court when he made his second appearance yesterday.
He was first remanded on November 23 by the court, presided over by Mr. Justice Jones Dotse, who is also a Court of Appeal judge after the prosecution had applied for more time to conduct further investigations.
When the case was called yesterday, William Pobee, Principal State Attorney, prosecuting said the matter was still being “seriously investigated” and the prosecution will furnish the court with details at the next adjourned date.
Mr. Pobee’s submission prompted defence counsel, Yonnie Kulendi, to renew an application for bail for his client saying, ”There has been unreasonable delay in the trial.”
He said Article 14 of the Constitution which guarantees the liberty of individuals, was being curtailed in the matter, adding that ‘to arrest a citizen, detain him for four months, arraigned him before a court of law without the basic preliminary facts is not permissible.”
Mr. Kulendi invited the court to take into consideration the circumstances surrounding the trial of the case and reject prosecution’s request, saying, “He should be released on bail and he will appear at anytime to stand trial.”
The court, in refusing the bail application said the prosecution had been candid when they said they were still investigating the matter and needed more time. Justice Dotse said that “some basic facts have been given and those facts raise serious issues which the prosecution must be allowed to investigate.”
He said Article 296 of the Constitution checks arbitrary use of state power and the prosecution had acted within the confines of the law.
The facts of the case are that in mid 2005, Tsibu Darko allegedly exported 3,700 kilogrammes of cocaine to Europe without lawful authority, but the consignment was intercepted and seized by the Narcotics Control Board.
According to the prosecution, the investigators are collaborating with their international counterparts to complete investigations.
Hearing was adjourned to December 21.
Tsibu-Darko appeared for the first time at an Accra Circuit Court on August 16, and has since been on remand.
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