<<Print>>

The state is sending a police investigator to Ecuador to gather more evidence in connection with the seizure 61 parcels of cocaine in Tema five months ago, an Accra Fast Track High Court said on Friday. Ms. Cynthia Lamptey, Chief State Attorney, told an Accra Fast Track High Court on Friday that they were unable to obtain the needed collaboration with sister intelligence bodies in the Ecuadorian police for more evidence. This has necessitated the decision taken by the state to make available the needed resources for the police investigator to go to Ecuador to obtain the necessary evidence for the commencement of the matter. Six persons - Augustina Abu, an importer; Yaw Attah Nkansah, a clearing agent; Alfred Amedzi, managing director of Sedco Agency; Kennedy Osei and Simon Bede, directors of Sedco Agency and Francis Addo, a driver, are being held for engaging in criminal conspiracy. Abu is also being held for importing narcotic drugs, suspected to be cocaine. They have pleaded not guilty to the narcotic-related charges levelled against them and have been remanded by the court. In Ms. Lamptey's submissions, she said: "My Lord we have not succeeded in obtaining information from our sister intelligence agencies outside, but we have managed to go through the bureaucratic procedures of the state to secure the funds for the investigator to travel to Ecuador for more evidence. "Under the circumstance, we would ask for a month's adjournment." Defence counsel expressed their surprise about the turn of events. Mr. Adjei Lartey, one of the defence counsels for Augustina, said the past five months that the accused persons had been in custody constituted abuse of their rights and unreasonable delay in the trial. "We all know that we don't arrest people and keep them in custody and go shopping for evidence. That is what the prosecution is trying to tell the court." Mr. Lartey contended that they had a lot of witnesses in the case and suggested that the prosecution should invite those in Ghana to testify while waiting for the investigator. "What steps have the prosecution taken to bring officials of NACOB, CEPS and Police to come and testify in respect of this case?" he asked. Mr Lartey said:"This is a ploy to continue to keep the accused persons in custody. We must remember that justice delayed is justice denied. There is no justification for prosecution to seek a month's adjournment." Mr. C.K. Hoeyi, counsel for Addo, urged the court to revisit his application for bail and admit his client to bail. "My Lord, give the case a human face and admit my client to bail. My client is a mere commercial driver who was contracted to cart the goods." The court, however, after listening to the submissions made by the defence counsel ruled that it still held on to its earlier decisions made in respect of the bail application adding that it was mindful of Act 714 which prohibited the court from granting bail in narcotic cases. The Court presided over Mr. Justice C.J Honyenuga ruled further that although it sympathised with the accused persons, five months did not constitute an unreasonable delay. "The prosecution should be given the chance to secure the needed evidence but they should not go to sleep." It further asked the prosecution to furnish the court with proof that the investigator had left for Ecuador and if by the time the investigator had not returned, documents should also be provided to ensure transparency." The court therefore adjourned the matter to November 16. The facts of the case are that on May 15, this year M/V Maersk Nolanville docked at Tema Port with containers from Ecuador, Panama and Spain. The prosecution said among the containers was one with number MSAU0118160 manifested to contain 1,880 cartons of chewing gum imported by Ms Abu of Augustina Abu Enterprise. The prosecutor said personnel of the Joint Port Control Unit (JPCU) made up of officers from the Narcotics Control Board; Customs, Excise and Preventive Service (CEPS); Bureau of National Investigations (BNI); Ghana Ports and Harbours Authority (GPHA) and the Police tagged the said container, which meant that the container could only be opened by JPCU officers. At about 1530 hours on May 19, the container was scanned and the image disclosed that it had some other objects in addition to its official cargo. During thorough examination, two bags containing a total of 61 slabs of whitish substances suspected to be cocaine were found among the cartons of the chewing gum. A test of the substance indicated that it was cocaine.