Friday, January 05, 2007
Court Decide on Tsibu-Darko, Tuesday
By William Yaw Owusu
Saturday January 06, 2007
An Accra Fast Track High Court trying Prince Tsibu-Darko, the Tema based businessman, for the exportation of 3700 kilogrammes of cocaine to Europe will on January 9, determine whether to grant him bail
This follows a renewed application by Mr. Gabriel Pwamang, counsel for Tsibu-Darko that his client’s health was deteriorating.
The prosecution led by Mrs. Yvonne A. Obuobisah, a Senior State Attorney had indicated to the court that they were no longer opposed to the grant of bail to the accused person due to the fact that he (Tsibu-Darko) was indisposed.
She also submitted that they were still investigating the matter saying “there has been a little difficulty in our investigations because we have to go beyond the territorial waters of Ghana”.
They therefore asked the court to exercise its discretion in granting the bail and the setting of conditions that would ensure that Tsibu-Darko come back to stand trial.
Mr. Yonnie Kulendi, another defence counsel had suggested to the court to give the bail orders and reserve the reasons at a later date in order to ensure that the delivery of justice was not compromised.
But the judge, Mr. Justice Jones Dotse; also with the Court of Appeal replied that the High Courts are courts of record whose decisions, the lower courts used as guidance, saying “there should be a holistic approach to the issue of bail in such cases”.
Tsibu-Darko has pleaded not guilty to engaging in prohibited business relating to narcotic drugs.
He appeared for the first at an Accra Circuit Court on August 16, and has since been on remand.
On November 22, the prosecution entered a "Nolle Prosequi" (unwilling to pursue) in the case. He was however, re-arrested soon after and arraigned him before the Fast Track Court on November 23, last year.
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