By William Yaw Owusu
Saturday, January 13, 2007
The trial of three men charged for importing 15 kilogrammes of cocaine in a shipment of yoghurt into the country were discharged by an Accra Circuit Court, yesterday.
They are Michael Ayache, the Managing Director of Market Direct Limited as well as Isaac Quansah and Mohammed Salami, all clearing agents who were charged with illegal importation of narcotic drugs.
Their discharge follows a submission by Ms. Gertrude Aikins, the Acting Director of Public Prosecution (DPP) that the state had decided to discontinue the case because there was no evidence of their (three men) involvement in the importation of the cocaine.
“Based on our assessment of investigations done so far, we have decided not to press charges against the three accused persons. We wish to withdraw the charges brought against them”, she told the court presided over by Justice Kwadwo Owusu.
Sam Okudjeto, counsel for the three men did not make any submission in court and the judge discharged them accordingly.
It will be recalled that on January 10, the police arraigned before court a 33 year old man from Panama called Ricardo Gooding whom the police said was a key suspect in the importation of the narcotic substance.
Gooding according to Ms. Aikins, was alleged to have put the parcel containing the narcotic substance in the yoghurt container shipped into the country by Market Direct Limited, a company located on the Spintex Road in Accra
He was arrested on December 24, last year, and remanded in prison custody until February 9.
Ms. Aikins had submitted that Gooding was an illegal immigrant and that the police was yet to commence investigation into the matter, adding, “We are yet to apprehend one Mustapha of Nima who is believed to be an accomplice”.
Kwabla Dogbe Senanu, counsel for Gooding had argued that once his client had not been charged with abusing the country’s immigration rules there was no need to detain him.
Gooding’s plea was not taken by the court and the facts of the case as well as the charges were also not read.
The three men arrested on December 15, 2006 were twice remanded on December 27, last year and January 10.
The court did not take their plea and the facts were never read.
Asking for a remand, Ms. Aikins who led the prosecution said “I receive the case docket on Monday and have been assured by the police that Interpol is going to provide vital information concerning the matter on Thursday (today).
Mr. Sam Okudjeto, counsel for the three had persistently said there was no criminalization on the part of his clients as far as the facts of the case were concerned.
The prosecution's case was that on December 12, this year, the Organised Crime Unit of the Criminal Investigation Department (CID) of the Ghana Police Service had information that some drugs had been concealed in a container loaded with other goods.
The container with registration number MSKY 6646380 was imported by Market Direct Company Limited, a company located on the Spintex Road in Accra, had arrived from Peru and was awaiting clearance at Mearsk Sealand, Tema.
It said when the container was opened on December 12, 2006, in the presence of Police, Customs, Excise and Preventive Service (CEPS) and the clearing agents, a bag found on top of imported yoghurt drinks had 15 slabs of narcotic drugs suspected to be cocaine.
The prosecution said Ayache, Managing Director of Market Direct Company, was arrested and he denied any knowledge and ownership of the drugs.
It said Ayache had told the police that he imported the yoghurt through an agent known as Claudio Mollo in Argentina on the Internet. The prosecution said Quansah and Salami were also arrested to assist in investigations.
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