By William Yaw Owusu
Wednesday October 17, 2007
Pak Bok Sil, a Korean vessel engineer who is standing trial with five others for his involvement in the importation of 77 parcels of cocaine on board the vessel M.V. Benjamin was yesterday acquitted and discharged by an Accra Fast Track High Court for lack of evidence.
However the five including Joseph Kojo Dawson, the vessel owner were ordered by the court presided over by Justice Annin Yeboah of the Court of Appeal to open their defence because the prosecution had led sufficient evidence (prima facie case) against each of them.
Apart from Dawson, those expected to open their defence are Isaac Arhin, 49, Phillip Bruce Arhin, 49, a mechanic , Cui Xian Li, 49; a vessel engineer and Luo Yui Xing, 49, all Chinese, who were on board the vessel that brought the narcotic drugs.
All five men have been charged with various roles they played in the importation of the cocaine to the Tema Port in April last year.
It was Sheriff Asem Darke popularly called Limping Man now at large who chartered the vessel from Dawson at 150,00 dollars under the pretext of towing his distress vessel from Conakry Guinea but ended up importing 77 parcels of cocaine.
Dawson has pleaded not guilty to using his property for narcotic offences.
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.
The prosecution called 13 witnesses before closing its case after which all the accused filed a submission of 'no case' because they believed the prosecution could not convince the court that they knew about the cocaine.
Bok Sil who was acquitted and discharged had pleaded not guilty to one count of engaging in prohibited business relating to narcotic drugs.
In his short ruling Justice Yeboah said although the prosecution had led evidence that Bok Sil was the person who had repaired the vessel that brought the cocaine the accused had done so in his professional capacity as an engineer.
He said the initial investigator, Detective Inspector Justice Nana Oppong had even told the court during cross examination that Bok Sil repaired the vessel in his professional capacity adding 'It will be unjust for the court to ask him to open his defence since the prosecution has not been able to astablish a case against him'.
'The evidence led by the prosecution leaves clear doubt as to whether Bok Sil knew about the cocaine.The evidence is base on mere suspicion'.
The court said the fact that Bok Sil was tasked to repaire the vessel or had a meeting with another Korean called Killer who is also wanted in connection with the case did not mean that he was aware that the vessel was to cart cocaine.
Ordering the rest to open their defence, Justice Yeboah said 'the prosecution has suceeded in astablishing a case beyond reasonable doubt against the first(Dawson), third (Isaac Arhin), fourth(Phillip Arhin), fifth (Li) an the sixth(Xing) accused persons'.
He said the court was however not required to give reasons for the action taken saying 'If I do it now it will prejudice the trial because they are yet to mount the witness' box'.
Proceedings was adjourned until October 18, for them to open their defence, starting from Dawson.
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