Soldiers In Limbo

ASP Patrick Morkeh, prosecutor in the case in which five soldiers have been charged in connection with the murder of Rokko Frimpong, former Deputy Managing Director of Ghana Commercial (GCB) Bank, has revealed that some bullets have been found and sent for forensic examination, asking for the continued detention of the suspects. Even though he did not reveal where the bullets suspected to have been used for the operation were found, he told an Osu Magistrate Court presided over by Emmanuel Plange Brew that the prosecution would need more time to conclude investigations. Lawyers for the accused persons, Sgts Michael Arthur Richard Somuah Lamptey Hazel and Cpls Charles Ankumah and Emmanuel Antwi were however worried about the development. The prosecution had alleged that the suspects were hired by a superior authority to eliminate the former GCB boss. Joe Debrah of First Law Chambers, one of the lawyers for the accused persons, told the court that the suspects have been detained for sometime now and their pleas were yet to be taken. According to him, the soldiers are in a legal limbo and there was the need for the prosecuting team to expedite action so as to ensure a speedy trial, noting that it was possible for them to come with an excuse which could delay the trial. Mr. Debrah noted that he was aware that there is a docket at the Attorney-General�s Department with the names of persons suspected to have committed the same offence. He said a time limit should be placed on the prosecution as they do not even have a bill of indictment and summary judgment. Vincent Aikins of the same law firm also noted that the alleged crime was committed a few years ago and wondered where the said bullets were obtained from. He said the prosecution should expedite action to start the trial. The trial Judge has adjourned the case to February 4, 2010 for prosecution to serve the defence team with the bill of indictment and summary judgment. The accused persons were arraigned after they were freed less than four days after their detention. An Accra Fast Track High Court had ordered the release of the five soldiers on the ground of gross human rights violations. All of them have been charged with conspiracy and murder and their plea was not taken. The prosecutor, ASP Patrick Morkeh, told the court that the accused persons, who are soldiers, were part of the 64 Infantry Battalion of the Ghana Armed Forces. He said sometime in June 2007, during the time of the re-denomination of the Cedi, the then Deputy Director of GCB, Rokko Frimpong, discovered some rot in the denomination exercise allegedly committed by some government officials and wanted to uncover the rot. He said some persons who masterminded a way of ensuring that the secret would not be unraveled consequently engaged the soldiers to eliminate Mr. Frimpong for a fee of between GH�5,000 to GH�15,000, which the accused persons agreed and subsequently met and plotted with the said persons on how to embark on the deadly operation. According to him, during their arrest, some of the accused persons admitted receiving some money while others denied receiving any money. Counsel for the soldiers, Joe Debrah, in his submission said the stories were concocted against his clients because whatever money any of the solders received was part of the ex-gratia awarded to the military by the former President John Agyekum Kufuor. An Accra Fast Track High Court Judge, ruling a case in which the soldiers filed an application for habeas corpus challenging their continuous detention by the BNI, after they were detained for 16 days without trial, said it was unlawful. According to the Judge, Justice Irene Danquah, what the state did by rushing the accused persons to court for a remand just a day before the hearing of the habeas corpus was to render the habeas corpus mute. Describing the remand of the soldiers unlawful and an abuse of the rights of the applicants, she said their detention at an undisclosed location without any remand warrant contravened Article 14 (3) B of the constitution which guaranteed the rights of all individuals irrespective of race, gender political affiliation among others. She stated that the only explanation given to the court regarding the detention of the applicants by the Acting Director of the BNI was that they did not know that the accused persons were illegally detained and the Acting Director for Public Prosecution (DPP), Gertrude Aikins relied on that deposition as well.