No case against us: Cocaine suspects submit in court

Some of the suspects (L to R) Xing, Li, Bok Sil and Dawson in a police van

By William Yaw Owusu

Friday August 3, 2007
An Accra Fast Track High Court yesterday commenced hearing a submission of no case application filed by six persons including two Chinese and a Korean, who are charged with the importation of 77 parcels of cocaine on board the vessel, MV Benjamin.


They are accused of importing 77 parcels of cocaine into the country on April 26, last year, but 76 disappeared at the break waters of the Tema port before security agencies intercepted the vessel the next day.

The police suspect that it was Sheriff Asem Darke, popularly called Limping Man, and a Korean, called Killer, all at large, who were the brains behind the importation.

Joseph Kojo Dawson, the vessel owner, who the police say allowed his vessel to be used to import the cocaine is being tried together with five of the vessel's crew.

They are Pak Bok Sil, the Korean, a vessel engineer, Isaac Arhin, 49, Phillip Bruce Arhin, 49, a mechanic, Cui Xian Li, 49; also a vessel engineer and Luo Yui Xing, 49, the Chinese.

All six men have been charged for their respective roles in the importation of the cocaine to the Tema Port in April last year.

Dawson has pleaded not guilty to using his property for narcotic offences while Bok Sil also pleaded not guilty to one count of engaging in prohibited business relating to narcotic drugs.

Isaac Arhin, Bruce Arhin, Li and Xing have all pleaded not guilty to two counts of engaging in prohibited business relating to narcotic drugs and possessing narcotic drugs without lawful authority.

When the court, presided over by Justice Annin Yeboah of the Court of Appeal, resumed sitting yesterday, it was D.K. Ameley, counsel for Dawson who first moved his client’s application, saying the prosecution could not lead any evidence to show that Dawson was aware Sheriff was chartering his vessel to import cocaine.

“Which vessel owner will allow his vessel to be used by charterers when it is disclosed to him that the reason for the charter is to cart cocaine?” counsel asked.

“From the statement of the offence, one of the essential ingredients needed to ask the accused to open his defence is that he has the intention to commit the crime but in this case there is nothing to show by the prosecution that Dawson knew about the importation.”

Counsel further submitted that evidence led so far by the prosecution “is manifestly unreliable” that Dawson could not be asked by the court to open his defence adding that the prosecution was duty bound to establish clearly that when Dawson signed the charter agreement he knew that Sheriff was to use the vessel to cart 77 parcels cocaine.

He told the court that in the agreement, it was clear that Sheriff was to use the vessel to tow his (Sheriff’s) distress vessel at Conakry, Guinea and was also stated that Sheriff was to be responsible for crewing and bunkering the vessel.

He said although the prosecution called 13 witnesses to testify, none of them could say that Dawson knew that Sheriff was using the vessel to import cocaine.


“There is no indication from the witnesses that at the Takoradi Port, vessel’s movement card was signed by Dawson even though Dashment Company Limited, the company which owns the vessel acted as the vessel’s agent whilst there.”

He said Dawson should not be asked to open his defense because he showed good faith, when the vessel was arrested, by voluntarily leading the security officer’s to locate Sheriff’s house in Tema adding that nothing was done by the prosecution to dent the charter agreement or led additional evidence to rebut the contents in the agreement.

When James Agalga, counsel for Bok Sil took his turn he argued that the prosecution failed to lead evidence to show that the engineering business engaged in by his client was to promote narcotic business or knew that by repairing the vessel he was promoting an enterprise related to narcotics.

He submitted that all the witnesses who testified had said it was Bok Sil who paid off the crew before Sheriff chartered the vessel saying that “he was only a caretaker and had repaired the vessel in his professional capacity as an engineer and was paid 1,000 dollars for his work.”

He said before the charter agreement, the vessel was jointly owned by a Korean called Bae and Dashment company and it was Bok Sil who stood in for Bae adding that “paying off the crew at that time by Bok Sil was legitimate because ownership of the vessel was about to change hands.”

The court then adjourned proceedings until August 6, for counsel for Isaac Arhin and Bruce Arhin as well as counsel for Li and Xing to also move their motions, after which the prosecution will also reply.


In a related development, the court presided over by the same judge adjourned to August 8, the case in which three policemen also standing separate trial in connection with the missing 76 parcels of cocaine.

The court adjourned proceedings because Lance Corporal Dwamena Yabson, one of the accused who was in the witness’ box to be cross-examined by the prosecution was indisposed. He was brought to court but had to be taken back.


The other policemen charged with Yabson are Sergeant David Nyarko and Lance Corporal Peter Bundorin.

They were alleged to have collected an undisclosed amounts in US dollars from Sheriff.
The prosecution led evidence to show that the policemen saw Sheriff at the beach offloading the cocaine but left him and his accomplices to go.

A fourth policeman, Detective Sergeant Samuel Yaw Amoah, who allegedly played a leading role in the case, escaped soon after he was granted bail by an Accra Circuit court in September, last year.

The accused, all of whom are with the Tema Regional Police Command, have pleaded not guilty to two counts of engaging in a prohibited business related to narcotic drugs and corruption by a public officer.

They are currently in police custody.