By William Yaw Owusu
Thursday, Febbruary15, 2007
FOR the second time, the case of the alleged involvement of Kwabena Amaning, popularly called Tagor, and Alhaji Issah Abass in the disappearance of 76 parcels of cocaine from the MV BEnyamin vessel at the Tema Port, could not be heard.
The prosecution, led by Ms Getrude Aikins, the Acting Director of Public Proeecutions (DPP) was to produce their sixth prosecution witness to testify but could not do so.
As a result, the court presided over by Justice Jone Dotse, an Appeals Court Judge, adjourned proceedings until February 21, for the presentation to assemble all the witnesses.
Ms Aikins had told the court that the witnesses expected by the prosecution to testify in the case “are not available at the moment.”
“We want an adjournment for us to get them to testify,” she said.
Immediately after the Acting DPP’s submission, Ellis Owusu-Fordjuor, counsel for Tagor, told the court: “We have tolerated the prosecution for far too long in respect to the way they are handling this case.
“Our clients are being treated as convicts by the police. They have been moved from cell to prison and back for about eight times. In all these, the prosecution has not been able to bring their witnesses.”
He argued that Article 140(2) of the constitution empowers the court to enforce the fundamental human rights of the accused persons.
Mr Owusu-Fordjuor said with the current development, the court should exercise its discretion in the granting of bail.
“The charges preferred against them are barred. It cannot be sustained as far as the evidence adduced so far are concerned.”
Osafo Buaben, counsel for Abbass, submitted that the evidence before the court “shows clearly that the accused persons are entitled to bail.”
Nana Asante Bediatuo, an additional counsel for Tagor submitted, “We are extremely agitated about the way our clients are being treated by the police.”
He said the inactions of the prosecution had delayed the trial which is supposed to be fast tracked.
“They have not been able to marshall a piece of evidence in relation to the charges preferred against the two men.”
Ms Aikins then cut in to say: “We have been candid in our approach to this case. They have been charged with specific offences and if wee are not able to prove our case at the end of the day, they will surely walk free.
“The defence team should allow us to put our case across. They do not know how we are marshalling our evidence and cannot talk about it,” she said.
Before remanded them into prison custody, the judge advised counsel to make a formal application for bail.
He said: “As at now, the oral application does not meet my understanding that we have not reached the stage where they should be granted bail.”
The court also directed the investigator of the case to seek the welfare of the accused persons, especially in matters relating to their health.
The directive followed allegations from counsel that Tagor and Abass were being maltrated by the police.
The investigator, who was in court, denied the allegations
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