Wednesday, July 18, 2007

TAGOR EXPOSES ABASS...Over Secret Recording


By William Yaw Owusu

Wednesday, 18 July 2007
Alhaji Issah Abass, one of the two men standing trial for narcotic offences, has been named as the one who secretly recorded the conversation between ACP Kofi Boakye, then Director of Police Operations and some suspected narcotic drug dealers.

The meeting took place at ACP Boakye’s official Kanda residence on May 15, 2006.

Kwabena Amaning, popularly called Tagor, an accused in the case and who also participated in the meeting, made the disclosure yesterday when he opened his defence at an Accra Fast Track High Court.

Tagor, led in evidence by his counsel, Nana Asante Bediatuo, told the packed court that Abass had told him that Narcotics Control Board (NACOB) had told him that they had placed ACP Boakye under surveillance and had consequently asked him to record the senior police officer secretly.

Tagor and Abass were among 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 M.V. Benjamin vessel at Tema Port and another quantity of the substance seized from a house at East Legon in Accra in November 2005.

A meeting allegedly held at ACP Boakye’s residence by him and four suspected narcotic barons prior to the commencement of the committee sitting, was said to have been secretly recorded by an unknown person. The recording formed the basis for the establishment of the committee.

Seventy-seven parcels of cocaine were allegedly brought into the country on April 26, last year, but 76 got lost at the break waters of the Tema Port before the security agencies could intercept them.

Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic 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 in prison custody.

"Before we met at ACP Boakye’s house, I met Abass at Golden Tulip Hotel in the morning and he showed me the recorder which he was going to use on the instructions of a NACOB official called Ben.

"All we were doing was to bait ACP Boakye to talk so that we can record him," Tagor said.

Touching on his involvement in the meeting, Tagor told the court that sometime last year, the police posted a notice at his East Legon house requesting him to see ACP Boakye at the Police Headquarters but he went there the following day with Kwabena Acheampong, the first prosecution witness.

"When we got to the Police Headquarters, ACP Boakye sent his bodyguard called Ahoto to come for us and on reaching the reception to his office, Ahoto stopped Acheampong from entering so I entered the ACP’s office alone.

"Just as I was entering that office, I saw Abass also leaving the same office and when I got in, ACP Boakye commanded me to sit down."

ACP Boakye, he said, accused him of not going to pay homage to him since he came down to Ghana and reminded him to know that anybody who comes down pays homage to him.

Tagor claimed that a lady officer then entered the office and ACP Boakye pretended he was having a friendly conversation with him but immediately the lady left them, ACP Boakye renewed his accusation.

"He then said he had heard that I was spreading rumours that he had gone unto the MV Benjamin to take cocaine and that I should tell him the truth or I will see today."

Tagor claimed that, at that point a man, with Nigerian accent, entered the office and after he had left, ACP Boakye continued threatening him.

Tagor said ACP Boakye had a powdery substance on his desk which he rubbed in his face and he looked very angry.

"He said I had a business with Abass which I denied and he then ordered me out of his office and said ‘I will call you.’

"When I stepped out, Acheampong asked me what the problem was and I told him, after which he said Abass had said I should call him.

"When I met Abass on the Spintex Road, he told me that ACP Boakye did the same thing to him and added that the ACP had a question mark on him."

"Later Ahoto called me to meet him at On the Run, Legon, and when I went, (he) Ahoto said we have to be one with Commander (ACP Boakye) since he can protect me but I was scared.

"I then visited my grandmother in Kumasi where Alhaji Moro called me to meet him at his car park at Nhyaeso which I did.

"I sat in his car and he called ACP Boakye for me to listen to what he was saying through a speaker phone. I heard ACP Boakye ask Alhaji Moro to bring me to Accra if he got me."

He said "we planned to bait ACP Boakye to talk so that Abass could record him for NACOB."

He claimed that it was ACP Boakye who instructed them to put their ears on the ground about the missing cocaine and added that he did not have a driver who bought a house.

"At the meeting, whatever I said was part of the plan to get ACP Boakye to talk because the NACOB said they suspected him and I also do not know the Colombians that ACP Boakye talked about."

Just then, his counsel said he had nothing more to ask Tagor. But Tagor continued saying "after the meeting, I left with Moro to eat while Abass took the tape to NACOB."

"Abass later called me to say that he listened to the tape on his way to NACOB and he realised that he does not think ACP Boakye knows about the missing cocaine."

The prosecution, led by Ms Gertrude Aikins, Acting Director of Public Prosecutions (DPP), then told the court that investigations had revealed that Tagor had changed his name a number of times during and after his secondary school days.

The prosecution said at Pope John’s Secondary School in Koforidua, Tagor was called Ernest Henry Osei, St Augustine’s College, Cape Coast, he was known as Ernest Kwabena K. Osei and when he opened his business Cross Trade Investments Limited, he registered with the name Kwabena Amaning Kwarteng.

Tagor explained to the court that he got the Osei from his step-father but acquired the name Amaning from his deceased father.

He said he left Ghana for the United States with a passport that did not belong to him and said he stayed in New York and Maryland.

He said he had been Kwabena Amaning since he returned to Ghana in December 2004.

He admitted that he had been in prison custody with Abass and had discussed the matter but told the court "the story I am telling is not a fabrication."

He claimed that he knew of the secret recording but did not tell the Justice Georgina Wood Committee because NACOB was going to rescue them.

He said he owned a house at East Legon but denied having other houses in various parts of Accra. ‘I did not return to Ghana to establish cocaine business."

However, he admitted that what they discussed at the meeting was cocaine and confirmed that the references to ‘goods’ and ‘keys’ related to drugs.

Tagor also said the tape recording was known to him and Abass alone.

The court, presided over by Justice Jones Dotse of the Court of Appeal, adjourned proceedings until tomorrow for the prosecution to continue cross examination of Tagor after which Abass will take his turn.

Korle Bu Boss, 5 Others Sued


By William Yaw Owusu

Wednesday July 18, 2007
MORE than 400 health workers including 42 doctors at the Korle-Bu Teaching Hospital (KBTH), have sued the Chief Executive of the hospital, Professor Kwabena Frimpong-Boateng and five others for alleged fraud.

The plaintiffs filed the suit at an Accra High Court on May 17, claiming that the defendants have failed to give them plots of land they made contributions to buy from them at Oyibi, near Accra.

But the defendant say the workers’ resort to court action was premature since negotiations between the parties to settle the matter were on-going.

The court, presided over by Justice Lartey Young, has endorsed the effort to settle the matter out of court and has given the parties up to July 27 to inform it of the outcome.

Apart from Prof. Frimpong-Boateng, the suit also cites Dr B.D.R.T. Annan, Director of Medical Affairs, Christopher Nartey, Director of Administration, Emmanuel E.B. Kakabaah, Director of Finance, Alex Arhin, Secretary of Oyibi Land Committee, as well as the Korle Bu Teaching Hospital.

The plaintiffs want an order to compel the defendants to issue them with registered documents covering the plots of land they bought from them and another order to compel the defendants to put the plaintiffs in possession of the land they have paid for.

If these demands cannot be met, the plaintiffs would want a court order compelling the defendants to refund to them all the monies collected from them meant for the purchase of the lands, general damages for fraud, interest on the amount paid, as well as cost.

After waiting for sometime without a response from the defendants, the plaintiffs filed a motion in June for judgements in default of defence but the defendants also filed an affidavit in opposition to that motion for judgement in default of defence.

The defendants argued that upon receipt of the court‘s processes in the substantive case, they entered into negotiations “to settle and resolve the matter.” They said that the negotiations were on-going and it was premature for the plaintiffs to return to court to pursue the matter.

The defendants further said “efforts are being made to have a lease of the said plots of land in the name of the KBTH board to enable them assign their interest to the plaintiffs.” They argued that “the writ of summons and the accompanying statement of claim do not disclose any reasonable cause for action against the hospital since in law, the hospital is not the proper entity to be sued.”

They also argued that the two parties did not agree on any specific schedule for the registered documents covering the plot of land to be issued to the plaintiffs in any agreement for sale of land and to put them in possession of the said lands, adding that they had failed to exhibit it in their affidavit in support of their claim.

“The defendants have not perpetrated any fraud on the plaintiffs. The whole transaction is purely an in-house matter.”

The court, presided over by Justice Lartey Young asked the two parties to make an attempt to settle the matter out-of-court and bring the outcome to the court on July 27.

In their statement of claim, the plaintiffs said the defendants published in the ‘Korle Bu Bulletin’ and on various notice boards an announcement that they (defendants) have secured a large tract of land at Oyibi on the Katamanso road for allocation to members of staff on hire purchase basis.

They claimed they paid ¢8 million per plot and the first deduction which is the deposit fee of ¢1 million was effected through the February 2004. Additional Duty Hours Allowance (ADHA) and the balance of ¢7 million spread over a period of eleven months.

They said the monies were deducted at source to meet the payment of their respective plots and in the process, the price per plot was increased to ¢10 million including additional ¢2 million charged each of the plaintiffs to support administrative and documentation processes.

Plaintiffs said after completion of full payment, the defendants organised batches of field trips to the land to show them their respective plots and some of them were issued with documents which were withdrawn by the defendants because they were found to be fake.

They said after waiting for a while without getting their plots of land, they wrote reminders to the defendants but they received no favourable response and added, “by giving the plaintiffs the impression that the defendants had control, management and ownership of the land which they apparently did not and to which they invited the plaintiffs to make payments, the defendants have willfully defrauded the plaintiffs.

“By organising trips for the plaintiffs to view the land, thus assuring them of the legitimacy of the entire transaction, and failing to fulfill their part of the bargain, the defendants ought to be deemed to have defrauded the plaintiffs.”

Monday, July 16, 2007

The Areeba Case : Court of Appeal dismisses Investcom's application


By William Yaw Owusu

Monday May 16, 207
THE Court of Appeal has dismissed a motion filed by Investcom Consortium Holdings S.A, majority shareholders of Scancom Limited, operators of Areeba mobile phone service in a case in which David Andreas Hesse, is suing for breach of a shareholders’ agreement at the Commercial Court in Accra.

The three member panel presided over by Justice Henrietta Abban (Mrs.) also awarded ¢5 million cost against Investcom.

Investcom filed the application for extention of time within which to file an appeal against the Commercial Court’s decision not to allow them to go on arbitration with Mr. Hesse in London

Mr. Hesse, a lawyer, handling his own case, filed the substantive suit against Investcom and Areeba on November 29, last year, and sought, among other things, an order to reverse an alleged capital increase and dilution of his shares from six to two per cent and the transfer of the shares from him to Investcom.

The plaintiff also wants an order to restore his six per cent shares in Areeba, a perpetual injunction restraining Areeba from removing him as a director as well as an order for the parties to go into account to determine the amount of dividends due him on his shares.

He again filed a motion for an interlocutory injunction to restrain Areeba from convening an extraordinary meeting to remove him as a director of Areeba, pending the determination of the suit but this was dismissed by the court on February 19.

Areeba in their affidavit in support of the motion filed on March 13 to strike out some of Mr. Hesse’s pleadings in the substantive suit, had argued that the claims by the plaintiff on behalf of Scan Construction Limited which is a limited liability company was a non-party to the present proceedings since that company is a legal entity.

Moving the motion, Investcom represented by Mr. Felix Ntirakwah argued among other things that the Commercial Court erred in failing to abide by clear direction of the Supreme Court that courts must strive to uphold dispute resolution clauses in agreements.

Mr. Hesse on the other hand opposed the defendant’s application saying the move was calculated to stall the speedy trial of the substantive case before the Commercial Court.
Dismissing the motion last week, the court whose unanimous decision was read by Justice Mariama Owusu described Investcom’s application as “incompetent”.

The panel said they had gone through the issues and had come to the conclusion that once the appeal was not filed properly before them, the court will have no discretion in extending the time.

“From the affidavit before this court, from February 1, to the time when the application for extention of time which is to appeal was filed on March 21, was filed is more than 21 days. I do not think that the makers of the rules failed to insert a provision for 21 days to be calculated from the date of the grant of leave, for no apparent reason”.

The court said the understanding reached by the parties that new lawyers be allowed ample time to study the brief did not mean filing wrong processes.

Saturday, July 14, 2007

Runaway Investigator Grabbed Over Coke Case

By William Yaw Owusu

Friday, 13 July 2007
DETECTIVE Inspector Justice Nana Oppong, the initial investigator in the MV Benjamin, case who absconded last June to avoid prosecution for his alleged involvement in the cocaine deal has been arrested and detained at the Police Headquarters.

A source at the Police Criminal Investigations Department (CID) said he reported himself at about 2.30 pm yesterday and was immediately detained

Inspector Oppong before his interdiction in April by the Police Administration, investigated the importation of 77 parcels of cocaine into the country found on the MV Benjamin vessel.

He was among the nine policemen and a civilian who were put before an Accra Circuit Court last May for allegedly dealing in cocaine.

Those who were charged included Lance Corporals Ekow Russel, George Akoi, Isaac Annang, Dominic Amedzah and Anthony Agyei.

The rest are Constable Collins Ohemeng, Inspector Oppong Kyei, and Sergeant Francis Arthur, all of the Accra Regional Police Command.

The Attorney-General in June filed a nolle presequi (unwilling to pursue) before the current court and they were all discharged and soon re-arrested to be put before an Accra Fast Track High Court.

However, it was only Russel and the civilian, Maxwell Antwi who were arraigned before court for trial which has since commenced.

When news broke t hat all the policemen had been re-arrested, Inspector Oppong allegedly absconded and only surrender yesterday.

The source said he is yet to be interrogated.

Fresh Charges For Mrs.Rawlings And Others


By William Yaw Owusu

Friday July 13,2007
The trial of Nana Konadu Agyeman Rawlings, former First Lady and five others for their involvement in the divestiture of Nsawam Cannery, took a new twist yesterday when the prosecution withdrew the charges against all the accused persons and replaced them with fresh ones.

It is the second time that the prosecution, led by Joe Ghartey, Attorney-General and Minister of Justice, has withdrawn charges against the accused persons.

Nana Konadu is being tried with Kwame Peprah, former Finance Minister and Chairman of the Divestiture Implementation Committee (DIC), and Emmanuel Amuzu Agbodo, former Executive Secretary of the DIC.

The rest are Thomas Banson Owusu, former DIC Accountant, Hanny Sherry Ayittey, Director of Carridem Development Company Limited (CDCL) as well as the CDCL itself.

They were originally charged with Georgina Okaitey, a Director, George Mould, a Director and Larry Adjetey, a Director/Secretary; all of CDCL but the A-G withdrew the charges against the three under Section 9 of Act 30 of the Criminal Code last year.

On the new charge sheet, Mrs. Rawlings, Ms. Ayittey and CDCL are facing eight counts of conspiracy, causing loss to public property dishonestly, obtaining public property by false pretences, obtaining public property by false statement, conspiracy to alter forged documents and altering forged documents.

Mr. Peprah on the other hand faces three counts of conspiracy to cause a loss to public property dishonestly, causing loss to public property and conspiracy to obtain public property by false pretences.

Mr. Agbodo is charged with 10 counts of conspiracy, stealing, intentionally causing loss to the property of public body, causing loss to a public body by dishonesty, causing loss to public property by dishonesty and conspiracy to obtain public property by false pretences while Mr. Owusu faces six counts of conspiracy, and stealing.

All the accused persons pleaded not guilty and were granted bail in their own self-cognisance.

Following the new charges, the motion filed by Mr. Peprah on grounds of immunity could not be moved by Nana Agyei Ampofo, his counsel.

The court explained that Mr. Peprah’s application could not be moved because the motion was premised on the withdrawn charged sheet, adding that defence counsel was at liberty to file a fresh application.

In Mr. Peprah’s motion he had averred that he was indemnified under Section 15 of the Divestiture of State Interests (Implementation) Act 1993 (PNDC Law 326).

After taking the plea of all the accused persons, Mr. Tony Lithur, counsel for Mrs. Rawlings, Ms. Ayittey and CDCL, asked the court for an adjournment to enable him to study the new charges.

Mr. Ghartey told the court that the prosecution will call seven witnesses. Giving the facts of the case, Ms. Getrude Aikins, Acting Director of Public Prosecutions said “the prosecution will lead evidence to show that the transaction between CDCL and DIC has not been appropriately done.”

Justice Paul Baffoe Bonnie, adjourned proceedings to July 31, and gave notice that he will have to seek clearance from the Chief Justice before he can sit during the legal vacation which will start on August 1, 2007.

Mrs. Rawlings and all the other accused persons were present in the court amid tight security as the room was filled to capacity by sympathisers including three of her children.

The East Legon Cocaine Case

By William Yaw Owusu

Friday, 13 July 2007
THE Prosecution in the case of two Venezuelans on trial for the seizure of 588.88 kilogrammes of cocaine from a house in East Legon, Accra, on Wednesday completed the cross-examining of Joel Mella, 40, one of the accused.

Mella and Halo Cabezza Castillo, 40, are standing trial, charged with four counts of conspiracy, importation and pocessing narcotic drugs without lawful authority.

They have pleaded not guilt y and are on remand.

Another Venezuelan, David Duarte Vasquez, boyfriend of Grace Asibere Asibi, the informant of the case, who is believed to be the brain behind the importation of the narcotic substance and is still at large, has been charged together with the two.

Completing his cross-examination Mella told the court that it was Noble Dosoo, husband of Vasquez’s secretary, who invited him to Ghana to do diamond business but the prosecution says it was Vasquez who brought the accused and Dosoo had picked him up at the airport on the instruction of the fugitive.

He denied that Vasquez seized his passport so he would not escape with the cocaine found in the East Legon house.

Mella further told the court that he had not heard about "blood diamonds" and did not know about the Precious Minerals Market Company (PMMC) which controls diamond sale in the country.

Next to mount the witness’ box was the other 3 Venezuelan, Halo Cabezza Castillo, 40, a trader, who told the court that he came to Ghana as a tourist in November 2005.

When Castillo took his turn, he claimed that when he arrived he was put in a hotel at Achimota but the police says he had just been offered a room at the floor of the East Legon house where the cocaine was seized.

Led in evidence by his counsel, Kwabla Dogbe Senanu, Castillo told the court that he was walking in a street in East Legon on November 24, 2005 with a lady when he was arrested by the police.

"On the street I saw a lot of policemen and police cars. It was in this process that a policeman called Commey stopped me and arrested me," but the prosecution says it has led evidence to establish that Castillo entered the house where the cocaine was before he was picked.

"When they arrested me, they took the phone that my friend called Marco gave me and also collected a complimentary card with numbers," but police again say the phone was given to the accused by Vasquez.

Although Castillo claimed that he lived in a hotel in Achimota, the prosecution says he could not lead the police to the hotel where he was.

The prosecution further submitted that he had failed to tell the police where his passport was but Castillo told the court "I have my passport and will produce it at the next adjourned date."

The court, presided over by Justice E.K. Ayebi then adjourned proceedings until today for Castillo to be cross-examined by Ms Gertrude Aikins, acting Director of Public Prosecutions (DPP).

Tuesday, July 10, 2007

DEADLY CATRIDGES FOUND IN HALEEM'S ROOM

By William Yaw Owusu

Tuesday, 10 July 2007
A Police forensic expert has described as deadly, blank cartridges the police found at the residence of Haleem Banda, son of the business magnate Asuma Banda.

Haleem Banda is standing trial at the Fast Track High Court in Accra for threat of death.

The Forensic expert, Deputy Superintendent Raymond Simpi told the court: "I worked on exhibits forwarded to the laboratory and the blank cartridges among them are deadly. They can kill or make people go blind when fired."

The police officer, the sixth prosecution witness, was testifying in Haleem’s trial for threatening to kill Kofi Otchere-Darko, popularly called K.O.D., a radio presenter and his friend Emmanuel Kiki Banson at an Accra night club.

Haleem, who has pleaded not guilty to four counts of threat of death and possession of arms and ammunition without lawful authority, is in police custody.

Led in evidence by Ms Barbara Sackey, a State Attorney, DSP Simpi told the court that he received the exhibits for analysis on July 5 and was asked to determine the type of weapon which discharged the cartridge and the weapon in which the holster which was also found in the house is capable of housing.

He said he conducted a test on the nine millimetre empty cartridge allegedly fired by the accused person at the night club but the police did not give him the gun from which it was fired.

At this point, Mr Agbesi Dzakpasu, counsel for Haleem, asked the court for an adjournment to enable him to crosscheck the forensic report with an independent witness.

Another policeman, Detective Constable Obed Samah, of the Violent Crime Unit at the Police Headquarters, told the court that he was part of the team that searched Haleem’s residence at Tesano in Accra.

"We found nine blank ammunitions, four live cartridges, a pistol and a holster in his hall, together with an expired registration receipt of a pump action gun."

He said when Haleem was questioned about the whereabouts of the gun, he said his girlfriend, Alice, had come for it but he could not lead the police to get the gun from Alice.

Cross-examined by Mr Dzakpasu, the witness said he did not know if Alice brought the gun to the police.

Earlier in his testimony the fourth prosecution witness, Kiki Banson, told the court that he was threatened with death by Haleem without any provocation.

He said Haleem was a customer at his former night club, Cinderella and had known him for sometime. He was with his friend Kofi Otchere-Darko, on June 10, when the incident happened.

Haleem insulted him continuously amid threats of death, witness said and added that, when they stepped outside and were about to leave the premises, Haleem who had followed them hit Mr Otchere-Darko.

"I saw him remove a gun and fired three times, prompting me to call the police," he told the court.

He said under cross-examination that there were about 100 people in the night club which was noisy but "I heard him say I will kill you."

The court presided over by Justice B.T. Aryeetey of the Court of Appeal adjourned proceeding until July 12.

es In Haleem's Room

KWAME PEPRAH PLEADS IMMUNITY


By William Yaw Owusu

Tuesday July 10, 2007
Mr. Kwame Peprah, a former Finance Minister, standing trial together with Nana Konadu Agyemang Rawlings, former First Lady and four others for their alleged involvement in the divestiture of Nsawam Cannery has asked the court to acquit and discharge him because he claims he has immunity.

Additionally, Mrs. Rawlings and her co-accused, Hanny Sherry Ayittey and Carridem Development Company Limited (CDCL) have also filed for a stay of proceedings in the matter but the application was yet to get to the Fast Track HighCourt presided over by Justice Paul Baffoe-Bonnie of the Court of Appeal.

Ms Rawlings is on trial together with Emmanuel Amuzu Agbodo, former Executive Secretary of the Divestiture Implementation Committee (DIC); Thomas Benson Owusu, former DIC Accountant; Kwame Peprah, former Finance Minister and DIC Chairman, and Hanny Sherry Ayittey, Director of Carridem Development Company Limited (CDCL).

They were originally charged with Georgina Okaitey, a Director; George Mould, a Director, and Larry Adjetey, a Director/Secretary; all of CDCL but the Attorney General withdrew the charges against the three under section 9 of Act 30 of the Criminal Code.

All the accused persons have been charged with 30 counts of conspiracy, causing financial loss to a public property, intentionally causing loss to a public property, conspiracy to obtain public property by false statement and obtaining public property by false statement.

They have all pleaded not guilty and are on self cognisance bail.
When the case was called Nana Agyei Ampofo counsel for Mr. Peprah said they filed the motion on notice for dismissal of the charges against his client on June 27 but Ms.Gertrude Aikins the Acting Director of Public Prosecutions (DPP) who is the prosecutor said she had just been given a copy of the application and needed an adjournment to reply.

The court accepted the prosecution's position and adjourned proceedings until July 12 for the application to be moved.

Before the court adjourned proceedings Mr. Tony Lithur, counsel for Mrs. Rawlings, Ms. Ayittey and CDCL also said they filed the application for stay of proceedings on July 6, and yet to get to the court.

In Mr. Peprah's motion he argued that the duty he performed regarding the divestiture of Nsawam Cannery was a duty commended by law and a refusal to do it would have been unlawful adding that the divestiture of state interests (implementation) Act 1993 PNDCL 326 established the DIC with Section 4 (2) giving directions as what to be done.

'The decision to divest the interest and the Presidential approval were made and given before I became Chairman of the governing body of DIC' explaining that Nsawam Cannery was established by statute and the interest of government in it was accordingly created by statute.

He said he is indemnified against court proceedings in respect of any act or omission arising out of the disposal of the said government interest in Nsawam Cannery by reason and operation of Section 15 of the Divestiture of State Interests Act, describing the charges as illegal.

Mr. Peprah further asked the court to make orders prohibiting the government from disturbing him in matters relating to the performance of his function ac Chairman of the governing board of the DIC.

Mrs Rawlings and her co-accused persons with the exception of Owusu were present in the court which was filled by
sympathisers including three children of the former first couple.

Thursday, July 05, 2007

Banda in court for threat of death

By William Yaw Owusu

Thursday July 5. 2007
KOFI Otchere-Darko, a radio presented popularly called KOD yesterday told an Accra Fast track High Court that Haleem Banda, son of Alhaji Asuma Banda, a business magnate threatened o kill him at a night club by pointing a gun at him.


The accused gave me a blow and on my way down, he fired three warning shots after which he again pointed the gun first at my neck and then at my head amid insults."

Mr. Otchere-Darko was testifying in the case in which Haleem Banda has been arraigned before the court for threatening to kill the witness and his friend, Emmanuel Kiki Banson.

Haleem, who is currently in police custody, pleaded not guilty to four counts of threat of death and possession of arms and ammunition without authority.

The police said Haleem, manager of Ports Handling Company on June 10, went to a night club at Cantonments in Accra and threatened to kill Otchere-Darko and Banson.

Led in evidence by Mrs. Stella Badu, a Senior State Attorney, Mr. Otchere-Darko who is the fist prosecution witness told the court that the complainants were at the night club when Haleem, without any provocation insulted Banson and threatened Banson's friend with death.

Mr. Otchere-Darko said when he enquired from Haleem the reason for his outbursts he angrily asked him to shut up.

"We subsequently stepped out of the club but within 20 minutes, Haleem came at us with more insults."

"I told him not to disrespect me because he did not know me from anywhere but in the process he gave me a blow and on my way down I heard three gunshots. He later pointed the weapon first at my neck and later at my head," Otchere-Darko further narrated.

The witness said, Haleem then left him and followed Banson into the night club with the gun and after some minutes came back and sped off, adding "he almost knocked me down when leaving the scene."

Cross-examined by Mr. Agbesi Dzakpasu, counsel for Haleem, witness told the court that it was a traumatic experience and whatever he told the court was not an after thought.

Next in the witness box was Sameul Lankwei, a security/bouncer at the night club. He told the court that he saw Haleem with the gun and heard three gunshots.

"I heard three gunshots at the car park and saw people running for cover. I saw Banson enter the night club and saw Haleem follow with a gun but when I tried to question him about the weapon, he asked me to leave him alone.

"I followed him to notify my colleague who was inside the club to keep an eye on Haleem and in the process, I overheard the accused say 'where is he'.

Under cross-examination, he told the court that he was not at where the gun was fired but saw the accused with the gun.

When Sly Abugabi, also a security/bouncer took his turn, he told the court that he saw Haleem with a gun and the accused shouted "where is the bastard. I will kill him, adding that he was looking for Banson.

"I followed Haleem around the club but he did not find Banson before the police came in by which time he had left."

The court, presided over by Justice B.T. Aryeetey of the Court of Appeal, adjourned proceedings for the prosecution to call the next set of witness.

Cop makes third appearance in coke case

By William Yaw Owusu

Thursday July 5, 2007
LANCE Corporal Ekow Russel, one of the nine policemen interdicted by the Police Administration in April for allegedly dealing in cocaine, was for the third time arraigned before an Accra Fast Track High Court on Tuesday.

In the dock with him was Maxwell Antwi, a car dealer, who the police believed the narcotic drugs were supplied to by the policeman.

On June 27 and June 29, the court presided over by Justice S.Y.Anim of the Court of Appeal could not proceed with the case because on both occasions, counsel for the accused were not present in court.

But on Tuesday when defence counsel was in court, the case got underway with Antwi pleading not guilty to possessing narcotic drugs without lawful authority.

Russel also pleaded not guilty to three counts of possession of narcotic drugs without lawful authority, supply of narcotic drugs without lawful authority and dealing in prohibited business related to narcotic drugs.

Russell and seven other policemen together with Antwi first appeared before an Accra Circuit Court in May but were discharged by the court on June 21, following a "nolle prosequi" (unwilling to pursue) application filed by the Attorney-General's Department.

They were however re-arrested immediately on the orders of the AG and arraigned before the Fast Track court.

However it was only Russel and Antwi who were arraigned for trial at the Fast Track court.

Those yet to be charged include George Akoi, Isaac Annang, Dominic Amedzah and Anthony Agyei, all Lance Corporals.

The rest are Constable Collins Ohemeng, Inspector Oppong Kyei and Sergeant Francis Arthur all of the Accra regional Police Command.

The police are also striving to arrest Detective Inspector Justice Nana Oppong who is alleged to be involved in the case.

He is on interdiction but absconded when news broke that his colleagues had been re-arrested.

Mrs. Evelyn Keelson, a State Attorney presenting the facts, said on March 27, Antwi was arrested by the police with a whitish powdered substance which was later tested and found to be cocaine.

During interrogation, he alleged that was part of the 900 grammes of cocaine given to him by Russel to sell for the policeman and claimed he had already sold some quantities and given the proceeds to Russel.

Russel, when picked, allegedly confirmed that he had given the cocaine to Atwi to sell for him after he seized the narcotic drugs from some Nigerian drug dealers.

Prosecution said investigations revealed that on January 16, Russel together with a team of policemen and accompanied by some Nigerian informants arrested Sebastian Uba, also a Nigerian with eight slabs of cocaine.

Russel, according to the prosecution, asked his colleagues to position themselves outside Uba's house while the accused entered with the informants.

"While his colleagues sent the suspect to the police station, Russel and the informants drove in one car towards Achimota with the cocaine and when they got to a point Russel distributed the drugs among the informants."

Russel allegedly gave give slabs of the cocaine to the informants, brought one to the office and kept two thus creating the impression that he had seized only one slab from Uba.

Mrs. Keelson further told the court that Uba escaped from police custody on January 31 when Russel was instructed to bring the fugitive to the Regional C.I.D. office for investigations.

The prosecution will from July 9 call six witnesses to testify.

Wednesday, July 04, 2007

The Areeba Case: Grandview Withdraws Application

By William Yaw Owusu

Wednesday, 04 July 2007
THE Commercial Court in Accra yesterday adjourned until July 19, the case in which Richmond Aggrey, a Ghanaian businessman, is claiming 20 per cent shares in Scancom Limited, operators of Areeba mobile phone service.

Mr Aggrey, former vice chairman of Areeba, has sued the telecommunication giant together with Investcom Consortium Holdings S.A. of Beirut, Lebanon, majority shareholders in Areeba, as well as Grandview Management of Texas, United States, to claim his shares.

When the case was called, Mr. Thaddeus Sory, counsel for Grandview, told the court, presided over by Justice Henry Kwofie, that after conferring with his clients, they had decided to withdraw the application for interlocutory injunction to restrain Investcom and Mr Aggrey from going ahead to London for arbitration.

But Mr Benson Nutsukpui, counsel for Areeba, wanted the court to award cost against Grandview to which Mr. Sory reacted: "I was unable to proceed because of the processes that Areeba filed after our application: It is their act that has put us in this situation."

The court thus granted Grandview’s submission as having withdrawn the application and did not award any cost because Mr. Aggrey was reported to have filed another application and that was confirmed by Mr. Nutsukpui.

The court on May 31, dismissed an application for stay of proceedings pending an arbitration filed by Investcom.

On July 14, last year, Justice Kwofie granted Mr Aggrey an ex-parte application to restrain the defendants from going ahead to conclude a merger agreement with the MTN Company of South Africa.

Mr Aggrey had argued that "continuing and or concluding a merger with and/or acquisition of Investment LLC by MTN without taking into account and/or providing for the plaintiff’s 20 per cent shares in Scancom Limited will occasion the loss of his shareholding in the company by reason of the accrual of the rights of MT N Group as third party."

Following the development, Areeba on July 24, last year, filed an application to strike out Mr Aggrey’s action " in part or whole" on the grounds that he failed to adhere to procedures in filing the application.

The trial court on October 20, however, ruled that the processes followed by Mr Aggrey in instituting the suit were proper and ordered Areeba to file its defence within 14 days.

Consequently, Areeba filed a notice of appeal to challenge the court’s ruling and another motion on notice to stay proceedings pending the appeal but Justice Kwofie on December 8, dismissed it and awarded ¢10 million cost against Areeba.

Areeba then went to the Court of Appeal to challenge the trial court’s decision and that was again dismissed by a three member panel on March 27, which awarded ¢5 million cost against the appellant.

Plaintiff then filed an application for judgement in default of a defence against Areeba but the second defendant filed a counter application for extension of time within which to file their defence.

The court on April 17, awarded ¢ 8 million cost against Areeba for the delay.

When the case was called, Mr Nutsukpui told the court, "we have this morning filed our statement of defence and we no longer wish to move our application for extension of time."

Yonny Kulendi, counsel for Mr Aggrey then said: "We are by this withdrawing our application for judgement in default".

The court then struck out the two applications for the case to take its normal course and again awarded ¢5 million each against Areeba and Investcom in favour of the plaintiff on April 30.

Tuesday, July 03, 2007

Cocaine Trial: Court Adjourns Case Against Cop

By William Yaw Owusu

Saturday, 30 June 2007
For the second time running, the court case involving Lance Corporal Ekow Russel, one of the nine policemen interdicted by the Police Administration in April for allegedly dealing in cocaine, could not be heard.

The Fast Track High Court presided over by Justice S.Y. Anim of the Court of Appeal, was compelled to adjourn proceedings because the defence counsel was not present in court.

It was after the court had adjourned proceedings that Captain Nkrabea Effah Dartey (rtd) and Mr Agyei Lartey entered the court room to announce their representation of Russel.

But the judge who had by that time adjourned proceedings until July 3, said the court could not proceed because counsel for Maxwell Antwi, a car dealer who has been charged together with Russel, was also not in court.

The police suspect Russel supplied that Antwi with the narcotic drugs.

Russel and seven other policemen together with Antwi appeared before an Accra Circuit Court in May and were remanded into police custody.

They were discharged by the court on June 21 following a ‘nolle prosqui’ (unwilling to pursue) application filed by the Attorney-General’s (AG) department.

But they were immediately re-arrested on the orders of the AG.

When the case was called at the Fast Track Court for the first time on June 27, it was only Russel and Antwi who were arraigned for trial.

Those who remain discharged include George Akoi, Isaac Annang, Dominic Amedzah and Anthony Agyei, all Lance Corporals.

The rest are, Constable Collins Ohemeng, Inspector Oppong Kyei and Sergeant Francis Arthur, all from the Accra Regional Police Command.

Sources close to the AG’s Department said the seven policemen have since been discharged after their re-arrest.

The Police Administration has since Tuesday mounted a search for Detective Inspector Justice Nana Oppong who is alleged to be involved in the case.

He is also on interdiction but absconded when the news broke that his colleagues were re-arrested.

Russel and Antwi are still in police custody.

The court could not take their plea for the prosecution to present the facts on their first appearance because the accused persons’ counsel said they were not aware that they were to appear before the court.

Their plea was still not taken yesterday.

Russel is facing three counts of possession of narcotic drugs without lawful authority, supplying narcotic drugs without lawful authority and dealing in prohibited business relating to narcotic drugs while Antwi is charged with one count of possession of narcotic drugs without lawful authority.

Thursday, June 28, 2007

COCAINE CASE: HIGH COURT DECIDES ON TAGOR, ABASS


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".

Cop In Court For Coke Deal

By William Yaw Owusu

Thursday, 28 June 2007
LANCE Corporal Ekow Russel one of the nine policemen interdicted by the Police Administration in April for allegedly dealing in cocaine, was yesterday arraigned before an Accra Fast Track High Court.

In the dock with him was Maxwell Antwi, a car dealer, who the prosecution believes was supplied with the narcotic drugs by the policeman.

Russel, and seven other policemen together with Antwi who appeared before an Accra Circuit Court in May, were remanded into police custody but were discharged by the court on June 21 following a ‘nolle prosqui’ (unwilling to pursue) application filed by the Attorney-General’s department (AG).

But they were immediately re-arrested on the orders of the AG.

When the case was called at the Fast track Court for the first time yesterday, it was only Russel and Antwi where arraigned for trial.

Those not in court include George Akoi, Isaac Annang, Dominic Amedzah and Anthony Agyei, all Lance Corporals.

The rest are, Constable Collins Ohemeng, Inspector Oppong Kyei and Sergeant Francis Arthur all from the Accra Regional Police Command.

Sources close to the Attorney-general’s Department said the seven policemen have since been discharged after their re-arrest.

The Police Administration has since Tuesday mounted a search for Detective Inspector Justice Nana Oppong who is alleged to be involved in the case.

He is also on interdiction but absconded when the news broke that his colleagues were re-arrested.

The trial court, presided over by Justice S.Y.Anim of the Court of Appeal, remanded Russel and Antwi into police custody until June 29.

The court could not take their plea for the prosecution to present the facts because their accused person counsel were not aware that they were to appear before the court.

Russel is facing three counts of possession of narcotic drugs without lawful authority, supplying narcotic drugs without lawful authority and dealing in prohibited business relating to narcotic drugs while Antwi is charged with one count of possession of narcotic drugs without lawful authority.

Abodakpi.s appeal adjourned sine die


By William Yaw Owusu

Thursday, June 28, 2007
The Court of Appeal has for the second time adjourned sine die (indefinitely), the appeal application filed by Daniel Kwasi Abodakpi, former Trade and Industry Minister who was jailed 10 years by an Accra Fast Track High Court on February 5, for causing financial loss to the state.

The three member panel, presided over by Justice B.T. Aryeetey, had to adjourn proceeding on Tuesday because Mr. Abodakpi’s counsel had just notified the registry of the court that the records of proceeding at the trial court was not complete.

When the case was called Mr. Charles Hayibor, counsel for Abodakpi told the court that they had sent a letter on the record of proceedings to the registry and the appellant had filed another application for bail for the convicted MP.

Justice Aryeetey then remarked “we have no option but to adjourn proceedings sine die.”

Other panel members are Justices Henrietta Abban and Mariama Owusu.

On April 23, the same court adjourned Mr. Abodakpi’s application sine die because the panel was not properly constituted.

Justice Annin Yeboah who was a member of the first panel was said to have been part of a group of judges who heard Mr. Abodakpi’s submission of ‘no case’ application during the trial and was thus not qualified to sit on that panel.


On April 19, the Accra Fast Track Court presided over by Justice S.T. Farkye of the Court of Appeal dismissed the application for bail pending appeal filed by Abodakpi 57, who is the National Democratic Congress Member of Parliament for Keta,


Dismissing the application, Justice S.T. Farkye of the Court of Appeal, said Abodakpi could not show any exceptional reason to justify the granting of bail.

“He could not show any substantial circumstance that his appeal will succeed, he said and added: “Being an MP does not make his case a special one. He was convicted by a court of competent jurisdiction and the conviction was based on evidence brought before the court.”

The judge held that there will be no miscarriage of justice if the application was refused because the appeal for bail was “unmeritorious” and the court’s decision was not erroneous whether in fact or in law.

The court further said that Abodakpi’s argument that he will not jump bail because his entire family were in the country could not be true because the convict during the trial, told the court that all his children were resident abroad.

In court to witness proceedings were Dr. Kwabena Adjei, NDC Chairman, Mohammed Mumuni, former NDC running mate in the 2004 elections, Ken Dzirasah, Doe Adjahoe, all NDC MPs as well as Abodakpi’s family members and some sympathizers.

Abodakpi who was in court, was jailed 10 years with hard labour on seven counts of conspiracy causing financial loss to the state and defrauding by false pretences.

He was said to have illegally authorised the payment of 400,000 dollars to Dr Frederick Owusu Boadu, a Ghanaian consultant in Texas, United States, from the Trade and Investment Project (TIP) fund.

The eight million dollar TIP fund was set up by the NDC government to promote the non-traditional export sector.

Abodakpi was originally charged with Victor Selormey, a former Deputy Minister of Finance and Economic Planning, who died in the course of the trial.

Tuesday, June 26, 2007

Woman, 26, jailed for drug trafficking

By Willianm Yaw Owusu

Tuesday June, 26, 2007
A 26 year old woman was yesterday sentenced to 10 years imprisonment by the Greater Accra Regional Tribunal for attempting to export 2.946 grams of cocaine to Europe.

Janet Afeme, who had concealed the narcotic drugs in a specially designed underwear, was exposed at the Kotoka International Airport (KIA) when she attempted to board a KLM flight to Amsterdam, Holland.

She had initially pleaded not guilty to two counts of attempted exportation of narcotic drugs without lawful authority and possession of narcotic drugs without lawful authority but changed her plea in the course of the trial.

Prosecuting, as M.K. Asiamah Sampong a Senior State Attorney said that at about 9:30am on November 30, last year, Afeme arrived at KIA for a flight to Amsterdam, Holland.

While going through departure formalities, Narcotic Control Board (NACOB) officials picked her up for a search and discovered 48 parcels of whitish substances concealed in a specially designed underwear she was wearing.

The substances were found to be cocaine which weighed 2.946 grams.

During interrogation, Afeme said she received the drugs from a man called Peter to be delivered to one for a fee of 7,000 Euros.

Boniface files for Nabdam


By William Yaw Owusu

Tuesday June 26, 2007
BONIFACE Adagbilla Gambilla, the Upper East Regional Minister has filed to contest the Nabdam, Constituency, seat on the ticket of the ruling New Patriotic Party (NPP) in next year’s Parliamentary elections.

It will be the Minister’s third attempt to capture the seat from the National Democratic Congress (NDC), occupied by Moses Asaga the Minority Spokesperson on Energy.

In an interview with the “Times” in Accra over the weekend. Mr Gambilla said “I together with a few others have moved the NPP from recording single digit figures in the 2000 elections to thousands in the last elections said we are now in a position to capture the seat in 2008 because our good works is generating more support from the people.”

He said the NPP did not do well in the previous parliamentary elections because “the politics of deception by our opponent was at its height but now that we have been able to explain governments policies to the people and followed it up withy development projects our opponents will find it difficult to deceive the people.”

The Minister said his priority are will be to empower all the communities in the constituency to be able to manage their local resources in order to create wealth for the constituents.

He said areas such as education, health, agriculture, empowerment of women and youth development will be his main concern as a Member of Parliament.

“I will develop strategies that will help provide quality leadership and make sure that the people are always part of the socio-economic and political decisions which our hardworking constituents have lacked all these years”.

Mr Gambilla who is a community and youth development specialist and a former said he will introduce more advocacy programmes that will ensure equitable access to the resources of the region and the constituency in particular.

“I want to empower the communities to take their destiny into their own hands by clearly moving from human created ignorance, deprivation, poverty, illiteracy to take complete ownership of their situation and transform them into positive development.”

He said he will help influence educational and health policies and needs of the constituency and advocate for the provision of quality health and educational facilities and facilitate the connection between health insurance and health education.

He said he will encourage irrigation farming continue to push for the idea of women having access to land to ensure food security saying “we are still pursuing the one woman one acre programme where they are given groundnut and soyer beans seeds to plant and create wealth.”

He said within two years as a Minister he had supervised the construction of seven basic schools, improved infrastructural development in the Kongo Secondary School, tarred the Zanlerigu - Sakote road and improve other feeder roads within Nabbdam constituency.

The Minister further said he supervised the building of nurses and teachers quarters in two years o attract professionals to the constituency.

He said “I know poverty in endemic in the area but with commitment and hardwork we call all work together to bring the situation under control.”

Monday, June 25, 2007

Cocaine ship was hired at 150,00 dollars


By William Yaw Owusu

Monday June 25, 2007
THE investigator in the case of six persons charged for the importation of 77 parcels of cocaine on board the MV Benjamin vessel says Asem Darke, popularly called Sherriff, the police’s most wanted man in connection with the case, chartered the vessel at a fee of 150,000 dollars.

Police Detective Inspector Charles Adaba, on Friday, told the Accra Fast Track High Court trying the case that the vessel had been chartered by the fugitive with the pretext to tow his distress vessel at Conakry, Guinea but ended up importing 77 parcels of cocaine, 76 of which was carted away by Sheriff and his men before the security agencies got into the vessel on April 27, 2006.

Insp. Adaba said this under cross examination at the court presided over by Justice Annin Yeboah of the Court of appeal.

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 including a Korean and two Chinese.

They are Pak Bok Sil, an engineer from Korea, Isaac Arhin, 49, Phillip Bruce Arhin, 49, a mechanic , Cui Xian Li, 49; a vessel engineer and Luo Yui Xing, 49, all Chinese.

All six men have been charged with various roles they played 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.

Cross examined by D.K.Ameley, counsel for Dawson, Inspector Adaba, told the court that the charter agreement was in January last year between a Korean called Bae who is the initial owner of the vessel, Dawson and Sherriff on January 28 last year, and it was witnessed by Sheriff’s lawyer called Owuo of Beechem Chambers in Tema.

He said once the once the vessel’s owners did not ensure that Sherrif used the vessel for the intended purpose of towing another distress vessel, Dawson should be held responsible for the importation adding “the first accused knew of the importation according to the statements he gave to the initial investigators when the matter came up”.

He said he did not do incompetent work as far as investigations into the matter was concerned saying “I did the best I could to come out with the evidence”.

When James Agalga, counsel for Bok Sil took his turn, Inspector Adaba told the court that it was the second accused person who introduced Killer the Korean who is also want in connection with the importation of the cocaine to Isaac Arhin.

He told the court that he got to know about it in the statement given by Arhin to the police upon their arrest.

The court presided over by Justice Annin Yeboah of the Court of Appeal adjourned proceedings until June 26, for counsel for the Arhins, Li and Xing to cross examine Inspector Adaba.

East Legon cocaine case :Venezuelans open defence

By William Yaw Owusu

Tuesday June 26, 2007
The two Venezuelans being tried in connection with the seizure of 588.88 kilogrammes of cocaine from a house in East Legon, Accra in November 2005 yesterday opened thier defence at the Fast Track High Court.

The men , Joel Mella, a machine operator and Halo Cabezza Castillo, 38, businessman have pleaded not guilty to four counts of conspiracy, importation and possessing narcotic drugs without lawful authority.

Another Venezuelan, David Duarte Vasquez, said to be the boyfriend the informant of the case, Grace Asibere Asibi, and believed to be the brain behind the importation of the narcotic substance and who has also been charged together with the two, is still at large.

Led in evidence by Kwabla Dogbe Senanu, Mella who was the first to mount the witness' box said admitted staying in the house where the cocaine was siezed but denied having knowledge about the narcotic drug.

He told the court that he arrived in the country on September 9, 2005 as a diamond dealer and was met at the airport by a Noble Dosoo, a prosecution witness whom the accused calls Shamo.

But the police says they have evidence that whenever the names Shamo or Bude are mentioned the two Venezuelans, they are refering to Vasquez and not Dosoo.

Mella who testified through a Spanish interpretor further said he did not know the owner of the house in which he resided and it was the Shamo/Bude who had brought him there.

He said all the exhibits found in the house and in his room did not belong to him, saying 'it is not true that I asked the police not to mix the cocaine on the floor with a water nearby'.

He said Vasquez is not his brother and added that he was not part of Compimchex Limited, the company that the police suspects was used to front the cocaine business.
'I am not part of Compimchex. I have never worked for them. I do not know anything about this company'.

The court, presided over by Justice E.K. Ayebi, adjourned proceedings to Jly 5, for Ms. Gertrude Aikins, the Acting Director of Public Prosecutions to cross examine Mella.

A-G orders arrest of 8 freed cops


By William Yaw Owusu

Saturday June23, 2007
Eight out of the nine policemen interdicted by the Police Administration in April for allegedly dealing in cocaine were yesterday discharged by an Accra Circuit Court.
But in a dramatic development, they were immediately re-arrested on the orders of the Attorney-General.
Sources at the AG's Department say the policemen who were in court and should have been freed will soon be put before the Fast Track High Court to face fresh charges.

The eight include Ekow Russel, George Akoi, Isaac Anang, Dominic Amezah and Anthony Agyei, all lance corporals.

The rest are Constable Collins Ohemang, Inspector Oppong Kyei and Sergeant Francis Arthur, all of the Accra Regional Police Command.
The Prosecution entered a 'Nolle Prosequi' (unwilling to pursue) and this made Justice Frank Manu who is also the Greater Accra Regional Tribunal Chairman to discharge the policemen.


On April 29, the Police Administration interdicted nine policemen, including Detective Inspector Justice Nana Oppong, pending investigations into their alleged involvement in another cocaine scandal.

In the dock with them is Maxwell Antwi, a car dealer who the prosecution believes was supplied with the narcotic drugs by the policemen.

Antwi has been charged with possession of narcotic drugs without lawful authority, while Russel was charged with supplying narcotic drugs.

Akoi, Anang, Amezah, Agyei, Ohemeng, Kyei and Arthur are charged with abetment of crime in prohibited business relating to narcotic drugs.

All the accused persons have pleaded not guilty.

Kyei and Arthur have been granted ¢300 million bail with one surety each to be justified but the rest are in police custody.

Prosecuting, Deputy Superintendent of Police, DSP Kofi Abraham told the court, presided over by Justice Frank Manu that on March 27, the Criminal Investigations Department (CID) arrested Antwi in Accra with cocaine and during interrogation, he mentioned Russel as his source of supply.

When Russel was picked, he admitted in his caution statement that he intercepted the cocaine from a Nigerian called Sebastian Uba in Tema on January 15 together with Annang, Amezah Adjei and Ohemeng.

Investigations later revealed that the accused seized eight slabs of cocaine from the Nigerian but declared only one slab at the Regional CID when they were making preferring charges against Uba. It was later found out that Mr. Abraham said on January 31, Uba mysteriously escaped while under escort by Russel from the La Police Station to the headquarters.

Investigations further revealed that the seven slabs of cocaine were given to Antwi to sell.

The prosecutor said that 6,000 dollars from the proceeds was given to Kyei, the Station Master to share among the accused persons.

Friday, June 22, 2007

Kofi Boakye Not Vital To Our Case - Prosecutor


By William Yaw Owusu

Friday, 22 June 2007
The prosecution in the trial of Kwabena Amaning, also known as Tagor, and Alhaji Issah Abass charged with having knowledge about the missing cocaine from the MV Benjamin vessel, yesterday justified the reasons for not inviting ACP Kofi Boakye, former Director of Police Operations to testify as witness.

Ms. Getrude Aikins, acting Director of Public Prosecutions (DPP), said ACP Boakye was not brought to testify because "as far as we are concerned, he was not a material witness."

"The defence team cannot by their desire force a material witness on us. A case is not won on multiplicity of witnesses. The prosecution can use only one credible witness to establish a case against an accused person and that is exactly what we are seeking to do.

Ms. Aikins was replying a submission of "no case" application filed by counsel for Tagor and Abass at the Fast Track High Court trying the case.

Tagor and Abass were among people recommended for prosecution by the Justice Georgina Wood Committee set up by the Ministry of the Interior last year to investigate the missing of 76 parcels of cocaine 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 Boakye 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 in the vessel on April 26, last year, but 76 of them got missing at the Tema Port before security agencies intercepted the vessel.

Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic 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.

Ms. Aikins submitted that the meeting between ACP Boakye and the suspected drug dealers was not official and there was no official record of any such meeting as the defense counsel wanted the court to believe.

She also said the way in which the meeting began with the mentioning of hard drinks, the subject matter which was to recover the missing cocaine and enjoy and the rather vile language used did not suggest an official meeting.

"We had witnesses to help us prove the charges preferred against the accused persons and ACP Boakye would not have played any role in that.

"We have not only established a case against Tagor and Abass but have also proven it beyond reasonable doubt, and by this it was not necessary for counsel to make the submission of ‘no case,’ she said.

On the conspiracy charge, Ms. Aikins said some confessions made by the accused persons on the recorded conversation where the participants indicated their preparedness to move in unison to find the missing cocaine justified the charges under section 56 ( c ) of Act 236 of the Narcotics and Sections Law.

She said utterances such as "let us find amicable way of tracing the good" and "we should all be one" among others, in the tape were clear cases of conspiracy to find the cocaine.

"By the time the meeting closed, the participants left with a clearly defined strategy and co-operation for the common purpose of recovering the missing cocaine from the vessel and share it,"

Ms. Aikins said "a court can convict solely on the confessions of an accused person and we have been able to prove that the confessions were made voluntarily"

She said all the prosecution witnesses were truthful and forthright to the court and added that "after thorough investigations, we evaluated every evidence before preferring the charges against them."

The court presided over by Justice Jones Dotse of the Court of Appeal is expected to rule on the "submission of no case" on June 27.

Areeba Case Adjourned


By William Yaw Owusu

Friday, 22 June 2007
THE Commercial Court in Accra yesterday adjourned to July 3, the case in which Richmond Aggrey, a Ghanaian businessman, is claiming 20 per cent shares in Scancom Limited, operators of Areeba mobile phone service.

Mr Aggrey, former Vice Chairman of Areeba, is suing the telecommunication giant together with Investcom Consortium Holdings S.A. of Beirut, Lebanon, who are majority shareholders in Areeba, as well as Grandview Mana-gement of Texas, United States to claim his shares.

When the case was called, Mr Benson Nutsukpui, counsel for Areeba told the court, presided over by Justice Henry Kwofie, that they had filed a supplementary affidavit opposing Grandview’s application for interlocutory injunction to restrain Investcom and Mr Aggrey from going ahead to London for arbitration.

Mr Thaddeus Sory, counsel for Grandview who was ready to move the application, then asked for an adjournment to enable him to advise his client on the "fundamental attachments" in Areeba’s supple-mentary affidavit

The court on May 31, dismissed an application for stay of proceedings pending an arbitration filed by Investcom.

The court on July 14, last year, granted Mr Aggrey an ex-parte application to restrain the defendants from going ahead to conclude a merger agreement with the MTN Company of South Africa.

Mr Aggrey had argued that "continuing and or concluding a merger with and/or acquisition of Investment LLC by MTN without taking into account and/or providing for the plaintiff’s 20 per cent shares in Scancom Limited will occasion the loss of his shareholding in the company by reason of the accrual of the rights of MT N Group as third party."

Following the development, Areeba filed an application on July 24, to strike out Mr Aggrey’s action " in part or whole" on the grounds that he failed to adhere to procedures in filing the application.

The trial court on October 20, however, ruled that the processes followed by Mr Aggrey in instituting the suit were proper and ordered Areeba to file its defence within 14 days.

Consequently, Areeba filed a notice of appeal to challenge the court’s ruling and another motion on notice to stay proceedings pending the appeal but Justice Kwofie dismissed it on December 8, and awarded ¢10 million cost against Areeba.

Areeba then went to the Court of Appeal to challenge the trial court’s decision and this was again dismissed by a three member panel on March 27, and awarded ¢5 million cost against the appellant.

The plaintiff then filed an application for judgement in default of a defence against Areeba but the second defendant filed an application for extension of time within which to file their defence.

The court on April 17, awarded ¢ 8 million cost against Areeba for the delay.

When the case was called, Mr Nutsukpui told the court, "we have this morning filed our statement of defence and we no longer wish to move our application for extension of time."

Yonny Kulendi, counsel for Mr Aggrey then said: "we are by this withdrawing our application for judgement in default".

The court then struck out the two applications for the case to take its normal course and again awarded five million cedis each against Areeba and Investcom in favour of the plaintiff on April 30.

10 Granted Bail Over Gbese Riot

By William Yaw Owusu

Thursday, 21 June 2007
TEN people, including a female charged with rioting at a ceremony to lift the ban on drumming and noise-making at Gbese in Accra, were yesterday granted ¢20 million bail each with one surety by an Accra circuit court.

They are Daniel Nii Armah Tagoe, a hairdresser, Daniel Klottey, Obodai Torgbor, Armah Tagoe, all fishermen, and Otu ‘Commetey, a toll collector in-charge of the Gbese public place of convenience who the police suspected supplied human excreta to smear the Gbese Palace.

The rest are Samuel Pappoe, a trader, Pappoe Afful, Isaac Addo, all students, Kofi Kamaru-Deen, a tailor, and Emelia Nii Quaye.

They pleaded not guilty to two counts of causing unlawful damage and rioting with weapons and are to report again on July 16 for hearing to commence.

Presenting the facts, DSP Eric Amoako told the court, presided over by Mrs Jennifer Tagoe, that on June 6, the Accra South District Police Command, led by Superintendent Nana Afful, went to Gbese to provide security for the ceremony and in the course of their duty, the accused persons were arrested for rioting.

"On arrival, the police observed that human excreta had been smeared all over the Gbese palace and other parts of the area," DSP Amoako told the court.

He said with the assistance of the Ghana National Fire Service (GNFS), the security team cleared the palace of the excreta and in the process, a group including the accused persons, allegedly arrived at the ceremony grounds and started throwing stones, broken bottles, and more human excreta at the police and those gathered there.

The rioters caused damage to a police vehicle (GP 1421).

He said Commetey, who is a caretaker at the Gbese public place of convenience, opened the storage of the facility and supplied more excreta to the rioters.

Police fired teargas to disperse the crowd before the ceremony commenced.

When the police arrested the accused they found five stones and a knife on Pappoe, the prosecutor said.

Tuesday, June 19, 2007

3 Cocaine Peddlers Jailed 34 Years

By William Yaw Owusu

Tuesday, 19 June 2007
Three Ghanaians resident in Europe were yesterday sentenced by the Greater Accra Regional Tribunal to a total of 34 years in jail for attempting to export cocaine.

Joseph Arthur Aggrey, 46, resident in Spain was sentenced to 14 years in hard labour while Albert Acquah also resident in Spain and Emmanuel Asante, in Holland, were given 10 years each in hard labour.

Aggrey swallowed 85 pellets of cocaine weighing 955.45 grammes while Asante had 80 pellets weighing 786.87 grammes in his stomach.

Acquah, in addition to swallowing 29 pellets weighing 406.86 grammes and inserted two-egg-size of the drug in his anus.

Arthur had pleaded not guilty to two counts of attempted importation of narcotic drugs without lawful authority and possession of narcotic drugs without lawful authority.

Acquah and Asante who were also charged with the same offence pleaded guilty on their first appearance.

Monday, June 11, 2007

Cop Denies Involvement In Missing Cocaine Case

By William Yaw Owusu

Wednesday, 06 June 2007
Sergeant David Nyarko, one of three policemen standing trial in connection with the missing 76 parcels of cocaine, yesterday told an Accra Fast Track High Court that he was not present at the Kpone Beach when the parcels of cocaine were loaded onto a van by Sheriff Asem Darke, the police’s most wanted man and his men.

He also told the court presided over by Justice Annin Yeboah of the Court of Appeal that he never followed Sheriff to his house in Community 5, Tema to collect money and left the fugitive off the hook.

Sgt Nyarko was testifying under cross-examination in the case in which he together with Lance Corporals Dwamena Yabson and Peter Bundorin, are charged in connection with the missing cocaine brought into the country on April 25, last year, by the MV Benjamin vessel.

They were alleged to have collected an undisclosed amount in US dollars from Sheriff who is wanted by the police in connection with the importation of 77 parcels of the cocaine, 76 of which were offloaded at the Kpone beach near Tema.

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.

Cross-examined by Mrs Stella Badu, a Senior State Attorney, Sgt. Nyarko claimed that on his arrest, it was the police investigator in the case who initially took his statement adding, “he wrote it for me and I signed out of anger.”

He told the court that he did not know Yabson and the only time he met him was when the police arrested them. But in his statement in September 11, last year, Sgt. Nyarko stated that he confronted Amoah for including Yabson in the operation.

His explanation at the time was that Yabson was of a questionable character and also junior policemen at the Tema Community I police station, residing at Tema New Town barracks did not have respect from the public.

Nyarko also told the court that Amoah invited him to assist in the arrest of some thieves at 5.45 am on April 26 but the Tema New Town Police station diary tendered in evidence by the prosecution indicated that the two left with the informants and Yabson to the Kpone beach at 5.25.

The first accused person said he did not sit in Sheriff’s Land Cruiser (GT 21W) to his house outside which Bundorin who the prosecution says followed them in a taxi waited.

The prosecution also submitted that Nyarko, Amoah, Yabson and the fishermen together with their colleague waited for about 45 minutes in Sheriff’s house to enable the fugitive to get the dollars for the accused but Nyarko said it was not correc

He told the court that the taxi-cab he bought in July 2006, was jointly owned by him and his siblings but the prosecution says records show that Nyarko is the sole owner.

The case was adjourned until June 7, for counsel for Yabson and Bundorin to cross examine Nyarko.

Monday, June 04, 2007

The Areeba Case: Investcom loses application for stay


By William Yaw Owusu

Saturday May 2, 2007
The Commercial Court in Accra,on Thursday refused an application for stay of proceedings pending an arbitration in the United Kingdom in the case in which Richmond Aggrey, a Ghanaian businessman is claiming 20 per cent shares in Scancom Limited, operators of Areeba mobile phone service.

The application was filed by Investcom Consortium Holdings S.A. of Beirut, Lebanon, majority shareholders in Areeba in substantive suit in which Mr. Aggrey, has sued Investcom, Areeba as well as Grandview Management of Texas, United States to claim his shares.

The court, on July 14, last year, granted Mr. Aggrey an ex-parte application to restrain the defendants from going ahead to conclude a merger agreement with the MTN Company of South Africa.

Mr. Aggrey had argued that “continuing and / or concluding a merger with and / or acquisition of Investment LLC by MTN without taking into account and/or providing for the plaintiff’s 20 per cent shares in Scancom Limited will occasion the loss of his shareholding in the company by reason of the accrual of the rights of MTN Group as third party.”


Following the development, Areeba filed an application on July 24, to strike out Mr. Aggrey’s action “in part or whole” on the grounds that he failed to adhere to procedures in filing the application.


The trial court on October 20, however, ruled that the processes followed by Mr Aggrey in instituting the suit were proper and ordered Areeba to file its defence within 14 days.


Consequently, Areeba filed a notice of appeal to challenge the court’s ruling and another motion on notice to stay proceedings pending the appeal but by Justice Kwofie dismissed it on December 8, and awarded ¢10 million cost against Areeba.

Areeba then went to the Court of Appeal to challenge the trial court’s decision and this was again dismissed by a three member panel on March 27, and awarded ¢5 million cost against the appellant.

The plaintiff then filed an application for judgement in default of a defence against Areeba but the second defendant filed an application for extention of time within which to file their defence.

The court on April 17, awarded ¢8 million cost against Areeba for the delay.

When the case was called Benson Nustukpui representing Areeba told the court that “we have this morning filed our statement of defence and we no longer wish to move our application for extention of time”.

Yonny Kulendi, counsel for Mr. Aggrey then said “we are by this withdrawing our application for judgement in default”.

The court then struck out the two applications for the case to take its normal course and again awarded five million cedis each against the Areeba and Investcom in favour of the plaintiff on April 30.

Mr. Felix Ntrakwah, counsel for Investcom then moved the application for stay of proceedings pending arbitration saying “The institution of the whole action by the plaintiff without recourse to the shareholder’s agreement which stipulates mandatory arbitration amounts to a breach”.

‘There is a shareholders agreement which we have exhibited and it is clear that there should be arbitration if there was a disagreement. There is no conflict of law in this matter and the court has an obligation to refer this matter to arbitration”.

He further argued that they were not in contempt of the court “if we are seeking to enforce our contractual rights”.

Responding, Mr. Kulendi said Investcom’s application had been brought in bad faith adding “this court should not allow its jurisdiction to be subordinated by an inferior tribunal”

He had said once the Investcom and Areeba had averred that the plaintiff ceased to be a shareholder since 1999, Mr. Aggrey could not be part of the arbitration process adding that “until the court declares whether the plaintiff is a shareholder he cannot assert his rights under the shareholders agreement”.

Refusing the application, Justice Henry Kwofie said what Investcom sought to do was against the High Court Civil Procedure Rules which frowns on unecessary expenses,delays among others.

He said if the application is granted it will result in an identical proceedings in two fora adding "we will have a situation where while this case proceeds the arbitration process will be going on".

Justice Kwofie explained that although Areeba and Grandview are not part of the shareholders' agreement the reliefs sought by Mr. Aggrey "are inter-related because they have been sued jointly and severally and the grant of a stay of proceedings will affect the two".

The court said "Even if the stay is granted, the substantive case will still be heard in Ghana" and added "arbitration is a private dispute resolution process.It does not bind persons or people who are not parties to it".

After the judge had completed his ruling Mr.Thaddeus Sory counsel for Grandview wanted to move his application to restrain Investcom and Mr.Aggrey from going for the arbitration but the judge said "i thought this ruling has a bearing on your application".

The case was subsequently adjourned to June 21.

Mrs. Rawlings and others charges to stay


By William Yaw Owusu

Saturday June 3, 2007
THE charges preferred against the Former First Lady, Nana Konadu Agyemang Rawlings and four others who are being tried for their alleged involvement in the divestiture of Nsawam Cannery may not be reviewed after all.

This follows a submission by Ms Gertrude Aikins, acting Director of Public Prosecutions, yesterday that the prosecution had decided to go ahead with the case without reviewing the charges because of what she described as “a trial by the radio/FM stations.”

She said since the prosecution announced its intention to review and substitute the charges preferred against Mrs Rawlings and the 10 accused, there had been many comments in the media which did not promote fair trial.

“There is nothing against compressing charges against accused persons. We are ready to start the case and put the speculations to rest,” she said.

At this point, Nana Agyei Ampofo and Tony Lithur, both defence counsel, took turns to express concerns about the manner the prosecution was handling the trial, and questioned why the prosecution could not keep its promise to amend the charge sheet.

But the court, presided over by Justice Paul Baffoe Bonnie of the Court of Appeal, said as much as the media had the right to fairly comment on the issue, all parties in the case including the court, were not supposed to be influenced by “what goes on outside this court .”

The judge further said that the defence counsel had every right to object to the prosecution’s position but added that they could not begrudge the prosecution if they decided to proceed with the trial without amending the charge sheet.

Ms Rawlings is being tried together with Emmanuel Amuzu Agbodo, former Executive Secretary of the Divestiture Implementation Committee (DIC); Thomas Benson Owusu, former DIC Accountant; Kwame Peprah, former Finance Minister and DIC Chairman, and Hanny Sherry Ayittey, Director of Carridem Development Company Limited (CDCL).

They were originally charged with Georgina Okaiteng, a Director; George Mould, a Director, and Larry Adjetey, a Director/Secretary; all of CDCL but the Attorney General withdrew the charges against the three under section 9 of Act 30 of the Criminal Code.

All the accused persons have been charged with 30 counts of conspiracy, causing financial loss to a public property, intentionally causing loss to a public property, conspiracy to obtain public property by false statement and obtaining public property by false statement.

They have all pleaded not guilty and are on self cognisance bail.

Mrs Rawlings and her co-accused persons with the exception of Owusu were present in the court which was filled by
sympathisers including former President J.J. Rawlings.

Lapses in security once again came to the fore as there was not a single police man to maintain order in the court.

The sympathisers who thronged the premises in their numbers chanted slogans right in front of the courtroom prompting the judge at certain points to ask whether there was the presence of the police to maintain order.

Guards of the former President had to step in to maintain order but that could not even deter the sympathisers.

The guards also had to screen identity cards of journalists before they were allowed to enter the court room.

There was also the presence of a foreign media from London who was openly seen filming proceedings.

Mrs. Rawlings and others charges to stay

By William Yaw Owusu

Saturday June 3, 2007
THE charges preferred against the Former First Lady, Nana Konadu Agyemang Rawlings and four others who are being tried for their alleged involvement in the divestiture of Nsawam Cannery may not be reviewed after all.

This follows a submission by Ms Gertrude Aikins, acting Director of Public Prosecutions, yesterday that the prosecution had decided to go ahead with the case without reviewing the charges because of what she described as “a trial by the radio/FM stations.”

She said since the prosecution announced its intention to review and substitute the charges preferred against Mrs Rawlings and the 10 accused, there had been many comments in the media which did not promote fair trial.

“There is nothing against compressing charges against accused persons. We are ready to start the case and put the speculations to rest,” she said.

At this point, Nana Agyei Ampofo and Tony Lithur, both defence counsel, took turns to express concerns about the manner the prosecution was handling the trial, and questioned why the prosecution could not keep its promise to amend the charge sheet.

But the court, presided over by Justice Paul Baffoe Bonnie of the Court of Appeal, said as much as the media had the right to fairly comment on the issue, all parties in the case including the court, were not supposed to be influenced by “what goes on outside this court .”

The judge further said that the defence counsel had every right to object to the prosecution’s position but added that they could not begrudge the prosecution if they decided to proceed with the trial without amending the charge sheet.

Ms Rawlings is being tried together with Emmanuel Amuzu Agbodo, former Executive Secretary of the Divestiture Implementation Committee (DIC); Thomas Benson Owusu, former DIC Accountant; Kwame Peprah, former Finance Minister and DIC Chairman, and Hanny Sherry Ayittey, Director of Carridem Development Company Limited (CDCL).

They were originally charged with Georgina Okaiteng, a Director; George Mould, a Director, and Larry Adjetey, a Director/Secretary; all of CDCL but the Attorney General withdrew the charges against the three under section 9 of Act 30 of the Criminal Code.

All the accused persons have been charged with 30 counts of conspiracy, causing financial loss to a public property, intentionally causing loss to a public property, conspiracy to obtain public property by false statement and obtaining public property by false statement.

They have all pleaded not guilty and are on self cognisance bail.

Mrs Rawlings and her co-accused persons with the exception of Owusu were present in the court which was filled by
sympathisers including former President J.J. Rawlings.

Lapses in security once again came to the fore as there was not a single police man to maintain order in the court.

The sympathisers who thronged the premises in their numbers chanted slogans right in front of the courtroom prompting the judge at certain points to ask whether there was the presence of the police to maintain order.

Guards of the former President had to step in to maintain order but that could not even deter the sympathisers.

The guards also had to screen identity cards of journalists before they were allowed to enter the court room.

There was also the presence of a foreign media from London who was openly seen filming proceedings.