By William Yaw Owusu
Wednesday March 28, 2007
For the fourth time, the trial of Prince Tibu-Darko, the Tema based businessman, charged with the exportation of 3,700 kilogrammes could not be heard at the Fast Track High Court yesterday because the prosecution says it is still conducting investigations.
Mrs. Yvonne Atakora Obuobisah, a Senior State Attorney told the court that “Our position is about the .The investigation into the matter is still not complete”.
“We want the court to grant us an adjournment that will enable us to present our case”.
This prompted Yonnie Kulendi, a leading defense counsel to submit that if the prosecution was not ready then his client must be discharge by the court.
He said “unless the court intervenes this investigation will run till thy Kingdom come”
“We have gone through this same situation for about nine months.The prosecution arraigned and charged the accused for a specific offence but are not able to continue for us to establish our innocence”.
Mr. Kulendi invited the court to use its discression “in the interest of justice and fairness to discharge Tibu-Darko”, saying, “anytime the prosecution is ready we will appear before this court to cantest the case”.
But the trial judge, Justice Jones Dotse of the Court of Appeal did not grant counsel” request and adjourned proceedings until April 26, for the prosecution to continue with the investigations.
The court said although there had been some delays in the trial it will reluctantly adjourn proceedings rather than discharge the accused person.
Tibu-Darko was in court.
Tibu-Darko has pleaded not guilty to one count of carrying out prohibited business relating to narcotic drugs.
He appeared for the first at an Accra Circuit Court on August 16, and was on remand until January 9, when he was granted 1billion cedis bail with two sureties to be justified.
On November 22, last year, 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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