By William Yaw Owusu
Thursday, 28 June 2007
AN Accra Fast Track High Court trying Kwabena Amaning, also known as Tagor, and Alhaji Issah Abass for narcotic drug offences, yesterday ruled that the two have a case to answer and should therefore open their defence.
This follows the court’s rejection of "no case" submission by the defence.
The court presided over by Justice Jones Dotse of the Court of Appeal ordered Tagor and Abass to start their defence from July 17.
The two accused persons were among the 14 people recommended for prosecution by the Justice Georgina Wood Committee set up by the Ministry of the Interior last year to investigate the loss of 77 parcels of cocaine from the vessel, M.V. Benjamin at Tema Port and another quantity seized from a house at East Legon in Accra in November 2005.
Before the committee commenced sitting, a meeting allegedly held at the residence of ACP Kofi Boakye, then Director of Police Operations with four people, including Tagor and Abass, was said to have been secretly recorded by an unknown person and that formed the basis for the establishment of the committee.
Seventy-seven parcels of cocaine were brought into the country on April 26, last year, but 76 got missing at the breakwaters of the Tema Port before the security agencies could intercept it.
Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying drugs and supply of narcotic drugs while Abass is charged with three counts of conspiracy, engaging in prohibited business related to narcotic drugs and supply of narcotic drugs.
The two have pleaded not guilty and are currently in prison custody.
The defence counsel had applied to the court not to ask the two to open their defence because the prosecution could not establish a prima facie case against them.
The prosecution led by Ms Gertrude Aikins, acting Director of Public Prosecution (DPP), opposed the application, arguing that they had been able to establish, beyond reasonable doubt, a case against the accused.
Delivering the ruling before a packed court, Justice Dotse said, "I am convinced without prejudice that the prosecution has been able to establish a prima facie case against the accused persons and the court calls on them to open their defence."
Starting from the charge of conspiracy, the court said under Section 56 © of PNDC Law 236 (the Narcotic Drug Control and Sanctions Law) it was clear that a meeting took place at ACP Boakye’s residence and an agreement of some sort was reached between the two and others to find the missing narcotic drug and enjoy it.
"The prosecution has been able to prove a conspiracy charge. If you look at the transcript of the recorded conversation, you will conclude that the accused must be taken for what they said at the meeting and must be given the chance to explain to the court what they meant by the terminologies used".
On the charge of engaging in prohibited business related to narcotic drugs, the court said there were essential ingredients in the offence which needed to be proved beyond reasonable doubt that Tagor and Abass were engaged in prohibited business which the prosecution did.
Justice Dotse said on the tape, Abass accused Tagor of cheating him in a business and also introduced him to some business where "good", "nneema", "keys", "nsafoa" and other terminologies were used, saying "it is proper for the court to call on Abass to explain what he meant."
The court further held that once the investigators in his evidence said that in the underworld (narcotic business), "keys/nsafoa" and "goods/nneema" referred to kilogrammes and cocain respectively "this piece of evidence can only be refutted by the accused persons themselves.
On the charges of buying and supply of narcotic drugs, the prosecution said the prosecution was able to prove the essential ingredients needed for the accused persons to open their defence.
The court referred to the constitutional issue raised by Mr Osafo Buaben, counsel for Abass in his application for no case, and said counsel’s argument was untenable because conspiracy and abetment are well-known in the Criminal Offences Act 29 of 1960.
Commenting on Detective Inspector Justice Oppong, the initial investigator’s conduct, Justice Dotse said, "this is a witness I found to be elusive. He does not deserve to be wearing a police uniform. I have a lot to say about his conduct in the investigation of this matter."
The judge said of the failure of the prosecution to bring ACP Boakye to testify: "I would have been much happier if he had appeared to testify but it is the preserve of the prosecution to either call him to testify or leave him alone.
"I do not know if they are shielding him or they are going to prosecute him in future".
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