Solicitors for Lushann International Energy Inc. have stated that there is no court order barring the Chief Executive Officer (CEO) of the company, Mr Quincy Sintim Aboagye, and his counsel from travelling outside the United States of America (USA).
According to them, there was no case between Lushann International and G.E. Rentals Inc. in the USA, given the fact that Lushann’s action against G.E. Rentals was discontinued and the counterclaim by G.E. Rentals could not be activated in law because it did not pay the requisite filing fees.
A rejoinder signed by Mr Etwie Atta Akyea and issued by Zoe, Akyea & Co., legal practitioners in reaction to a story carried in the May 27, 2007 issue of the Daily Graphic said G.E. Rentals had rather filed a contempt application in the Texan court with the aim of attaching Mr Sintim Aboagye for contempt of court to prevent him from testifying in the Ghanaian court.
However, they said there was a void order from the Texan court restraining Lushann’s CEO from going ahead with the case in Ghana.
In a background to the matter, the lawyers said Lushann, which was currently in a joint venture with the Ghana National Petroleum Corporation (GNPC), was the first and only all African-owned and operated offshore oil production company in the world and signed a power purchase agreement (PPA) with the Volta River Authority (VRA) in January 2002.
That, they said, was to forestall the power crisis in Ghana and Mr Sintim Aboagye, a Ghanaian engineer with nearly 30 years’ experience in the oil, gas and power generation industry, was to bring to bear one or more of his patents on the agreement to ensure the supply of electricity to Ghana.
“In order to speedily, efficiently and economically bring this to fruition, Mr Sintim Aboagye sought the co-operation of the world’s largest turbine manufacturer, G.E. Rentals, and signed a memorandum of understanding (MOU) with it in February 2002,” they said.
According to them, while negotiations and frantic preparations were going on to generate power for Ghana by June 2002, “G.E. Rentals elbowed Lushann out of the deal and brought turbines which Lushann and G.E. Rentals had previously inspected into the country to start the work of power generation”.
G.E. Rentals, they claimed, did not include Mr Sintim Aboagye’s fuel treatment procedures and so the VRA could not supply the correct fuel needed by the equipment, while power generation by G.E. Rentals was going to cost three times as much on the Lushann proposal using the same turbines.
They claimed that by the nature of the agreement signed between the VRA and G.E. Rentals, the VRA had to pay G.E. Rentals, whether power was generated or not, at three times the price, while the contract between Lushann and the VRA would have allowed the VRA to pay for only power produced.
They further claimed that since the original PPA had a face value of $36 million, as soon as G.E. Rentals had billed for and collected the money from the VRA, it took off with the equipment and “not one watt of electricity was produced”.
“G.E. Rentals collected approximately $35 million from Ghana without selling any power to Ghana 18 months down the line,” they claimed.
They said had Lushann executed the first PPA, it would be generating more than 300 megawatts of power, enough to cater for at least a fifth of Ghana’s total power requirement.
“But for this corporate theft, Ghana would not be in darkness at this time, 50 years after independence,” they stated, and added that G.E. Rentals was directly and indirectly responsible for the darkness in Ghana currently.
Wednesday, May 30, 2007
SOUTH AFRICAN AIRWAYS LOSES APPLICATION
THE Accra Fast Track High Court has dismissed a motion filed by South African Airways seeking to stay its judgement in which the airline was ordered to pay compensation of ¢450 million to Nana Prempeh Annim-Bonsu, managing director of Starline Travel and Tours Ltd, for libel.
The court, presided over by Mr Justice P. K. Gyaesayor, said the application for stay of execution pending appeal lacked merit and was being used to deprive the plaintiff of enjoying the fruits of his judgement, which the court was not prepared to encourage.
It awarded costs of ¢3 million against the airline and ordered it to go ahead to execute the judgement as directed.
The court in February this year found South African Airways liable for libelling Nana Annim-Bonsu and ordered the airline to pay ¢450 million as compensation to him.
It awarded costs of ¢20 million against the defendant but the airline had filed a notice of appeal against the decision and also filed the instant motion.
The court also directed that an apology and a retraction of the libellous publication should be made in the Daily Graphic in a similar manner in which the publication was done by the airline.
It held that it was satisfied that Nana Annim-Bonsu, a businessman and a man of national and international repute, had suffered considerable damage as a result of the libellous publication about him.
The court stated that the plaintiff said he lost jobs from which he hoped to make profits and his application to ECOBANK to act on its behalf in the tourist business failed, while an American investor abandoned him on the prompting of the American intelligence, all because of the publication.
According to the court, the matter could have been settled out of court and that, in spite of the facilities provided by the court for an amicable settlement, the airline was recalcitrant and did put the plaintiff into additional expense to engage the services of a counsel to preserve his reputation.
The publication which gave rise to the court action was a writ in the June 7, 2005 issue of the Daily Graphic issued by the High Court for and on behalf of the South African Airways by Akyianu and Associates, a legal firm.
In that publication, Nana Annim-Bonsu, who is the Managing Director of Starline Travel and Tours Ltd, was cited as the second defendant who owed the airways $60,000.
He protested against the said publication because according to him, he did not personally owe the airline and that the cheques which were dishonoured did not belong to him personally.
According to the court, Nana Annim-Bonsu on seeing the publication caused his solicitors to write to the airline to demand a retraction of the story but that was refused by the airline.
However, it said, Akyianu and Associates, on June 16, 2005, wrote a letter to Nana Annim-Bonsu in which it was clearly stated, “We were to render an apology to your client for the said publication, which was inadvertently done and any damage caused to them thereby.”
The court said Nana Annim-Bonsu, who wanted the retraction to be done in the Daily Graphic, did not accept that apology and following that the airline repudiated the lawyer, saying that whatever he published in the Daily Graphic was not on their instruction and it could, therefore, not be held liable.
“It is worthy of note that Kwame Akyianu, at all material times, acted for and on behalf of the South African Airways and this fact has not been denied,” the court held and stated that a witness who testified for Nana Annim-Bonsu had said it was Akyianu who on the instruction of South African Airways was asked to sue Starline.
The court stated that the defence put up by the airline was no defence at all, since Kwame Akyianu wrote the publication in the normal cause of business for and on behalf of the airline.
The court, presided over by Mr Justice P. K. Gyaesayor, said the application for stay of execution pending appeal lacked merit and was being used to deprive the plaintiff of enjoying the fruits of his judgement, which the court was not prepared to encourage.
It awarded costs of ¢3 million against the airline and ordered it to go ahead to execute the judgement as directed.
The court in February this year found South African Airways liable for libelling Nana Annim-Bonsu and ordered the airline to pay ¢450 million as compensation to him.
It awarded costs of ¢20 million against the defendant but the airline had filed a notice of appeal against the decision and also filed the instant motion.
The court also directed that an apology and a retraction of the libellous publication should be made in the Daily Graphic in a similar manner in which the publication was done by the airline.
It held that it was satisfied that Nana Annim-Bonsu, a businessman and a man of national and international repute, had suffered considerable damage as a result of the libellous publication about him.
The court stated that the plaintiff said he lost jobs from which he hoped to make profits and his application to ECOBANK to act on its behalf in the tourist business failed, while an American investor abandoned him on the prompting of the American intelligence, all because of the publication.
According to the court, the matter could have been settled out of court and that, in spite of the facilities provided by the court for an amicable settlement, the airline was recalcitrant and did put the plaintiff into additional expense to engage the services of a counsel to preserve his reputation.
The publication which gave rise to the court action was a writ in the June 7, 2005 issue of the Daily Graphic issued by the High Court for and on behalf of the South African Airways by Akyianu and Associates, a legal firm.
In that publication, Nana Annim-Bonsu, who is the Managing Director of Starline Travel and Tours Ltd, was cited as the second defendant who owed the airways $60,000.
He protested against the said publication because according to him, he did not personally owe the airline and that the cheques which were dishonoured did not belong to him personally.
According to the court, Nana Annim-Bonsu on seeing the publication caused his solicitors to write to the airline to demand a retraction of the story but that was refused by the airline.
However, it said, Akyianu and Associates, on June 16, 2005, wrote a letter to Nana Annim-Bonsu in which it was clearly stated, “We were to render an apology to your client for the said publication, which was inadvertently done and any damage caused to them thereby.”
The court said Nana Annim-Bonsu, who wanted the retraction to be done in the Daily Graphic, did not accept that apology and following that the airline repudiated the lawyer, saying that whatever he published in the Daily Graphic was not on their instruction and it could, therefore, not be held liable.
“It is worthy of note that Kwame Akyianu, at all material times, acted for and on behalf of the South African Airways and this fact has not been denied,” the court held and stated that a witness who testified for Nana Annim-Bonsu had said it was Akyianu who on the instruction of South African Airways was asked to sue Starline.
The court stated that the defence put up by the airline was no defence at all, since Kwame Akyianu wrote the publication in the normal cause of business for and on behalf of the airline.
STATE CLOSES CASE IN COKE TRIAL
THE prosecution in the cocaine trial of Kwabena Amaning, alias Tagor, and Alhaji Issah Abass surprised the defence when it told the Accra Fast Track High Court hearing the case that it had closed the case.
“My Lord at the last sitting we did indicate to the court that we may call one or two more witnesses to close the case but we are not calling any more witnesses. This is the end of the case of the prosecution,” said Mr Edward Agyemang Duodo, a Principal State Attorney.
Following that development, the lead counsel for Tagor, Mr Ellis Owusu Fordjour, who had braced himself for the day’s work by arriving very early for the next prosecution witness to be called, asked for an adjournment, saying, “My Lord, we will ask for an adjournment and then come back.”
The court, presided over by Mr Justice Jones Dotse, a Court of Appeal judge with additional responsibility as a High Court judge, adjourned the case to June 6, 2007.
“The prosecution having closed their case, the case is hereby adjourned to allow the defence to apprise the court of their next line of action,” the judge declared.
Two options are open to the defence, namely, to file a submission of no case or going ahead to open their defence.
Mr Fordjour would not grant an interview when asked of their next line of action and said, “I do not want to pre-empt anything.”
The prosecution called 11 witnesses in the case in which Tagor and Abass are being tried for their roles in the missing 76 parcels of cocaine, which were stolen from MV Benjamin in April last year before the security agencies intercepted the vessel at the Tema Port.
Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supplying narcotic drugs, while Alhaji Issah Abass faces two counts of conspiracy and supply of narcotic drugs.
They have pleaded not guilty to all the counts and have been refused bail by the court.
Initially Kwabena Acheampong, Kwabena Amaning (Tagor), Alhaji Issah Abass, Victor Kisseh, alias Yaw Billah, and Alhaji Moro Mohammed were arraigned at the Accra Circuit Court for allegedly dealing in narcotic drugs.
Some of them were said to have engaged in a conversation in the residence of ACP Kofi Boakye relating to the missing cocaine, the subject of which led to the setting up of the Georgina Wood Committee.
However, on Wednesday, November 22 2006, the prosecution entered a nolle prosequi (not willing to prosecute), resulting in the discharge of the accused persons but fresh charges were preferred against Tagor and Abass, leading to their appearance at the Fast Track High Court.
“My Lord at the last sitting we did indicate to the court that we may call one or two more witnesses to close the case but we are not calling any more witnesses. This is the end of the case of the prosecution,” said Mr Edward Agyemang Duodo, a Principal State Attorney.
Following that development, the lead counsel for Tagor, Mr Ellis Owusu Fordjour, who had braced himself for the day’s work by arriving very early for the next prosecution witness to be called, asked for an adjournment, saying, “My Lord, we will ask for an adjournment and then come back.”
The court, presided over by Mr Justice Jones Dotse, a Court of Appeal judge with additional responsibility as a High Court judge, adjourned the case to June 6, 2007.
“The prosecution having closed their case, the case is hereby adjourned to allow the defence to apprise the court of their next line of action,” the judge declared.
Two options are open to the defence, namely, to file a submission of no case or going ahead to open their defence.
Mr Fordjour would not grant an interview when asked of their next line of action and said, “I do not want to pre-empt anything.”
The prosecution called 11 witnesses in the case in which Tagor and Abass are being tried for their roles in the missing 76 parcels of cocaine, which were stolen from MV Benjamin in April last year before the security agencies intercepted the vessel at the Tema Port.
Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supplying narcotic drugs, while Alhaji Issah Abass faces two counts of conspiracy and supply of narcotic drugs.
They have pleaded not guilty to all the counts and have been refused bail by the court.
Initially Kwabena Acheampong, Kwabena Amaning (Tagor), Alhaji Issah Abass, Victor Kisseh, alias Yaw Billah, and Alhaji Moro Mohammed were arraigned at the Accra Circuit Court for allegedly dealing in narcotic drugs.
Some of them were said to have engaged in a conversation in the residence of ACP Kofi Boakye relating to the missing cocaine, the subject of which led to the setting up of the Georgina Wood Committee.
However, on Wednesday, November 22 2006, the prosecution entered a nolle prosequi (not willing to prosecute), resulting in the discharge of the accused persons but fresh charges were preferred against Tagor and Abass, leading to their appearance at the Fast Track High Court.
COP OPENS DEFENCE IN COKE TRIAL
ONE of the three policemen being tried for allegedly aiding the fugitive Sheriff Asem Dakeh to abscond with 2,280 kilogrammes of cocaine has denied the offence and told the Accra Fast Track High Court that he never received any money from Sergeant Samuel Yaw Amoah or anybody in connection with the case.
Opening his defence, General Sergeant David Nyarko said he did not know Sheriff and had never visited him before in his house.
According to him, the money he used to purchase an Opel Astra car, with registration number GT 1640 X, was not proceeds from the alleged cocaine business but rather it was money from his late father’s pension benefits, which he, together with his siblings, used to purchase the car.
Others standing trial with him are General Lance Corporal Dwamena Yabson and General Lance Corporal Peter Bondorin.
A fourth accomplice, Detective Sergeant Samuel Yaw Amoah, is on the run.
The accused persons are alleged to have received an unspecified amount in dollars from the fugitive cocaine owner and allowed him to flee.
They have been charged with two counts of engaging in prohibited business relating to narcotic drugs and corruption by a public officer and have pleaded not guilty to both counts.
Led in evidence by Mr Musah Ahmed, the accused person, who spoke Twi and was translated by an interpreter, narrated how he became associated with the case and indicated that he and Sgt Amoah were both stationed at the Tema New Town Police Station.
He said on April 26, 2006, he closed from duty at the Dangme Rural Bank at Tema New Town at about 5.45 a.m. and submitted his weapon and ammunition but not quite long Sgt Amoah came to solicit his assistance to effect the arrest of some suspects.
Following that, Sgt Nyarko said, he took an AK 47 assault riffle and 20 rounds of ammunition from the counter NCO, Sgt Ofosu, and, together with Sgt Amoah, took a taxi to the Paradise Beach where they met a fisherman and one other person he did not know.
He said at the beach, Sgt Amoah introduced him to the two persons and said they were going to show them the suspects.
The accused person said on the way to the beach, the others started jogging but he could not join them and as a result he lost track of them and did not see Sgt Amoah again until later when he met Lance Cpl Bondorin and Sgt Isaac Asante who informed him that they were also at the place on a similar mission to arrest some suspects.
He said the two policemen told him that the other policemen had gone towards the beach but from where they stood, there was no likelihood that anybody would come from the direction of the beach.
Sgt Nyarko said when they decided to return to the Kpone Police Station, he saw a green Toyota Land Cruiser, with registration number GT 21 W, coming from the direction of the town and after passing by them for about 70 metres, the car pulled up and Sgt Amoah alighted and ran towards him.
He said Sgt Amoah then told him that they did not see anything at the beach but when he asked about the whereabouts of the fisherman with whom they went to the place, he was told that he was in the car.
“When I asked Sgt Amoah about the car, he said it was for his friend whom he met at the beach and decided to give him a lift to Tema,” he said.
According to him, he told Sgt Amoah that Lance Cpl Bondorin was around and discussing something with a friend and in order not to waste Lance Cpl Bondorin’s time he ( Nyarko) went to tell him about what had happened.
Asked by counsel whether he saw the driver of the Toyota Land Cruiser as well as its occupants, the accused person replied in the negative and stated that he went to Tema Community One and called Sgt Amoah with whom he later went to the Tema New Town Police Station.
At the police station, he said he submitted his weapon together with the ammunition but he did not record that he was back from the operation, since that was to be done by Sgt Amoah.
Opening his defence, General Sergeant David Nyarko said he did not know Sheriff and had never visited him before in his house.
According to him, the money he used to purchase an Opel Astra car, with registration number GT 1640 X, was not proceeds from the alleged cocaine business but rather it was money from his late father’s pension benefits, which he, together with his siblings, used to purchase the car.
Others standing trial with him are General Lance Corporal Dwamena Yabson and General Lance Corporal Peter Bondorin.
A fourth accomplice, Detective Sergeant Samuel Yaw Amoah, is on the run.
The accused persons are alleged to have received an unspecified amount in dollars from the fugitive cocaine owner and allowed him to flee.
They have been charged with two counts of engaging in prohibited business relating to narcotic drugs and corruption by a public officer and have pleaded not guilty to both counts.
Led in evidence by Mr Musah Ahmed, the accused person, who spoke Twi and was translated by an interpreter, narrated how he became associated with the case and indicated that he and Sgt Amoah were both stationed at the Tema New Town Police Station.
He said on April 26, 2006, he closed from duty at the Dangme Rural Bank at Tema New Town at about 5.45 a.m. and submitted his weapon and ammunition but not quite long Sgt Amoah came to solicit his assistance to effect the arrest of some suspects.
Following that, Sgt Nyarko said, he took an AK 47 assault riffle and 20 rounds of ammunition from the counter NCO, Sgt Ofosu, and, together with Sgt Amoah, took a taxi to the Paradise Beach where they met a fisherman and one other person he did not know.
He said at the beach, Sgt Amoah introduced him to the two persons and said they were going to show them the suspects.
The accused person said on the way to the beach, the others started jogging but he could not join them and as a result he lost track of them and did not see Sgt Amoah again until later when he met Lance Cpl Bondorin and Sgt Isaac Asante who informed him that they were also at the place on a similar mission to arrest some suspects.
He said the two policemen told him that the other policemen had gone towards the beach but from where they stood, there was no likelihood that anybody would come from the direction of the beach.
Sgt Nyarko said when they decided to return to the Kpone Police Station, he saw a green Toyota Land Cruiser, with registration number GT 21 W, coming from the direction of the town and after passing by them for about 70 metres, the car pulled up and Sgt Amoah alighted and ran towards him.
He said Sgt Amoah then told him that they did not see anything at the beach but when he asked about the whereabouts of the fisherman with whom they went to the place, he was told that he was in the car.
“When I asked Sgt Amoah about the car, he said it was for his friend whom he met at the beach and decided to give him a lift to Tema,” he said.
According to him, he told Sgt Amoah that Lance Cpl Bondorin was around and discussing something with a friend and in order not to waste Lance Cpl Bondorin’s time he ( Nyarko) went to tell him about what had happened.
Asked by counsel whether he saw the driver of the Toyota Land Cruiser as well as its occupants, the accused person replied in the negative and stated that he went to Tema Community One and called Sgt Amoah with whom he later went to the Tema New Town Police Station.
At the police station, he said he submitted his weapon together with the ammunition but he did not record that he was back from the operation, since that was to be done by Sgt Amoah.
VESSEL OWNER SPEAKS
THE owner of the MV Benjamin, Joseph Kojo Dawson, in a statement to the police, has said that the vessel was chartered by Atico Fisheries Limited, a company owned by the fugitive cocaine baron, Sheriff Asem Dakeh, to tow a vessel from Conakry, Guinea, to Ghana.
He said the charter agreement was endorsed on February 6, 2006 by lawyers for Dashment Shipping Limited, owners of the vessel which was allegedly used to import 77 parcels of cocaine into the country.
Dawson’s statement, which was dated May 5, 2006, was tendered in court yesterday by Inspector Charles Adabah when he testified for the prosecution in the case in which the vessel owner and five crew members are being tried at the Accra Fast Track High Court.
The rest of the accused persons, Pak Bok Sil, a Korean; Isaac Arhin and Philip Bruce Arhin, both Ghanaians; and Cui Xian Li and Luo Yin Xing, both Chinese, are alleged to have played various roles in the importation of the substance.
They have been charged with various counts of using a property for narcotic offences, engaging in prohibited business relating to narcotics and possession of narcotic drugs without lawful authority.
Each of them has pleaded not guilty to all the charges and have been remanded in prison custody.
Dawson said the vessel was bought on a hire purchase basis but he did not know who hired the crew. He said he went to Takoradi, where the vessel was docked, to tell Isaac Arhin not to sail it because certain formalities had to be completed before it could sail.
According to him, he did not know the vessel had sailed from the Takoradi Port because of the formalities, adding that he was arrested when the vessel was impounded at the Tema Port.
He said on his arrest, he called Sheriff and informed him that they needed to pay for the formality, for which reason he (Sheriff) should come. But Sheriff said he was indisposed and rather sent his driver with money but the driver was arrested.
Led in evidence by Mr William Kpobi, a Principal State Attorney, Inspector Adabah said he visited the vessel at the Tema Port and, on locating it, he realised that its original paint and the paint where its name was written differed because the vessel’s name had been written with a fresh paint.
He said he also visited the Ghana Maritime Authority (GMA) and the Ghana Ports and Harbours Authority (GPHA) in Tema to find out about the ownership of the vessel.
The witness said investigations revealed that the vessel was formerly called MV Duk One 63 but it was on April 20, 2006 registered as the MV Benjamin, with Dashment Shipping Limited, of which Dawson was the managing director, as the owners.
Inspector Adabah said the charter agreement showed that Dawson was aware of the vessel’s 49-day voyage which brought the cocaine into the country because all expenses were paid by Dashment Shipping Limited.
He also tendered Bok Sil’s statement which was given on April 30, 2006 in which the accused person said he knew the original owner of the vessel to be Mr Bell, now domiciled in Las Palmas, Bolivia.
He said the charter agreement was endorsed on February 6, 2006 by lawyers for Dashment Shipping Limited, owners of the vessel which was allegedly used to import 77 parcels of cocaine into the country.
Dawson’s statement, which was dated May 5, 2006, was tendered in court yesterday by Inspector Charles Adabah when he testified for the prosecution in the case in which the vessel owner and five crew members are being tried at the Accra Fast Track High Court.
The rest of the accused persons, Pak Bok Sil, a Korean; Isaac Arhin and Philip Bruce Arhin, both Ghanaians; and Cui Xian Li and Luo Yin Xing, both Chinese, are alleged to have played various roles in the importation of the substance.
They have been charged with various counts of using a property for narcotic offences, engaging in prohibited business relating to narcotics and possession of narcotic drugs without lawful authority.
Each of them has pleaded not guilty to all the charges and have been remanded in prison custody.
Dawson said the vessel was bought on a hire purchase basis but he did not know who hired the crew. He said he went to Takoradi, where the vessel was docked, to tell Isaac Arhin not to sail it because certain formalities had to be completed before it could sail.
According to him, he did not know the vessel had sailed from the Takoradi Port because of the formalities, adding that he was arrested when the vessel was impounded at the Tema Port.
He said on his arrest, he called Sheriff and informed him that they needed to pay for the formality, for which reason he (Sheriff) should come. But Sheriff said he was indisposed and rather sent his driver with money but the driver was arrested.
Led in evidence by Mr William Kpobi, a Principal State Attorney, Inspector Adabah said he visited the vessel at the Tema Port and, on locating it, he realised that its original paint and the paint where its name was written differed because the vessel’s name had been written with a fresh paint.
He said he also visited the Ghana Maritime Authority (GMA) and the Ghana Ports and Harbours Authority (GPHA) in Tema to find out about the ownership of the vessel.
The witness said investigations revealed that the vessel was formerly called MV Duk One 63 but it was on April 20, 2006 registered as the MV Benjamin, with Dashment Shipping Limited, of which Dawson was the managing director, as the owners.
Inspector Adabah said the charter agreement showed that Dawson was aware of the vessel’s 49-day voyage which brought the cocaine into the country because all expenses were paid by Dashment Shipping Limited.
He also tendered Bok Sil’s statement which was given on April 30, 2006 in which the accused person said he knew the original owner of the vessel to be Mr Bell, now domiciled in Las Palmas, Bolivia.
LATEST ON GHANA'S FORMER FIRST LADY'S CASE
THE Accra Fast Track High Court hearing the case involving the former First Lady, Nana Konadu Agyemang Rawlings, and five others accused of causing financial loss to the state in the divestiture of the GIHOC Nsawam Cannery adjourned to next Friday to enable the prosecution to substitute the charge sheet.
According to the acting Director of Public Prosecutions (DPP), Ms Gertrude Aikins, the current 30 charges would be reduced when the new charge sheet was filed.
She wanted to file the new charge sheet yesterday in court but, according to her, there were some mistakes on it and, therefore, prayed for an adjournment.
The filing of the new charge sheet has become necessary because the names of three persons, namely, Georgina Okaiteye, a Director/General Manager of Caridem Development Company Limited, Larry Adjetey, a Director/Secretary of Caridem and George Mould, a Director of Caridem, were still on the charge sheet, although they had been discharged.
They were discharged when the prosecution withdrew the charges against them, leaving the former First Lady and five others, namely, Emmanuel Amuzu Agbodo, the former Executive Secretary of the Divestiture Implementation Committee (DIC), Thomas Benson Owusu, a former accountant of the DIC, Kwame Peprah, a former Minister of Finance and former Chairman of the DIC, Sherry Ayittey, the Managing Director of Caridem Development Company Limited, and Caridem as an entity.
They are facing various charges of conspiracy, causing financial loss to public property, conspiracy to obtain public property by false statement and obtaining public property by false statement.
All of them have pleaded not guilty to all the charges and are on self-recognisance bail.
They were alleged to have caused financial loss to the state running into billions of cedis in respect of a public property following the acquisition of GIHOC Nsawam Cannery, a government cannery, by Caridem Limited, which was owned by the 31st December Women’s Movement (DWM), in 1995 when the cannery was divested.
The accused persons, together with their counsel, were in court and the former First Lady, who was dressed in a white top with trousers, was, as usual, followed by some women sympathisers who were held behind the court fence amidst singing.
According to the prosecution, the accused persons failed to complete interest payments which accrued on the purchase price of the cannery and as a result had caused financial loss to the state.
The prosecution said the accused persons failed to pay interest which accrued on an outstanding balance of ¢7,069,640,664.86, amounting to ¢2,191,588,606.11, to the DIC in respect of the sale of GIHOC Nsawam Cannery.
Furthermore, the prosecution said evidence would be led to prove that the accused persons and Caridem, in 2002, knowing that Caridem, by their default and non-performance of the terms of the offer to buy Nsawam Cannery, had lost the right of purchase, intentionally executed a fresh agreement with new terms substantially different from the terms offered in 1995.
By that, the prosecution said, they concealed the deferred payments with accrued interests without the authority of the DIC, thereby intentionally causing the loss of ¢9, 736,213,810.97 to the DIC, which was a public body.
Ample evidence, the prosecution said, would be led to show that Agbodo and Owusu, in February 1995, dishonestly appropriated ¢274,984.600, being part of the purchase consideration paid by Caridem to the DIC in respect of the sale of GIHOC Nsawam Cannery, among other things.
According to the acting Director of Public Prosecutions (DPP), Ms Gertrude Aikins, the current 30 charges would be reduced when the new charge sheet was filed.
She wanted to file the new charge sheet yesterday in court but, according to her, there were some mistakes on it and, therefore, prayed for an adjournment.
The filing of the new charge sheet has become necessary because the names of three persons, namely, Georgina Okaiteye, a Director/General Manager of Caridem Development Company Limited, Larry Adjetey, a Director/Secretary of Caridem and George Mould, a Director of Caridem, were still on the charge sheet, although they had been discharged.
They were discharged when the prosecution withdrew the charges against them, leaving the former First Lady and five others, namely, Emmanuel Amuzu Agbodo, the former Executive Secretary of the Divestiture Implementation Committee (DIC), Thomas Benson Owusu, a former accountant of the DIC, Kwame Peprah, a former Minister of Finance and former Chairman of the DIC, Sherry Ayittey, the Managing Director of Caridem Development Company Limited, and Caridem as an entity.
They are facing various charges of conspiracy, causing financial loss to public property, conspiracy to obtain public property by false statement and obtaining public property by false statement.
All of them have pleaded not guilty to all the charges and are on self-recognisance bail.
They were alleged to have caused financial loss to the state running into billions of cedis in respect of a public property following the acquisition of GIHOC Nsawam Cannery, a government cannery, by Caridem Limited, which was owned by the 31st December Women’s Movement (DWM), in 1995 when the cannery was divested.
The accused persons, together with their counsel, were in court and the former First Lady, who was dressed in a white top with trousers, was, as usual, followed by some women sympathisers who were held behind the court fence amidst singing.
According to the prosecution, the accused persons failed to complete interest payments which accrued on the purchase price of the cannery and as a result had caused financial loss to the state.
The prosecution said the accused persons failed to pay interest which accrued on an outstanding balance of ¢7,069,640,664.86, amounting to ¢2,191,588,606.11, to the DIC in respect of the sale of GIHOC Nsawam Cannery.
Furthermore, the prosecution said evidence would be led to prove that the accused persons and Caridem, in 2002, knowing that Caridem, by their default and non-performance of the terms of the offer to buy Nsawam Cannery, had lost the right of purchase, intentionally executed a fresh agreement with new terms substantially different from the terms offered in 1995.
By that, the prosecution said, they concealed the deferred payments with accrued interests without the authority of the DIC, thereby intentionally causing the loss of ¢9, 736,213,810.97 to the DIC, which was a public body.
Ample evidence, the prosecution said, would be led to show that Agbodo and Owusu, in February 1995, dishonestly appropriated ¢274,984.600, being part of the purchase consideration paid by Caridem to the DIC in respect of the sale of GIHOC Nsawam Cannery, among other things.
Friday, May 25, 2007
COURT DISMISSES STATE'S APPLICATION FOR STAY IN COKE CASE
THE Accra Fast Track High Court has dismissed a motion on notice for stay of execution filed by the Attorney-General against the court’s judgement that a number of movable and immovable property which were wrongfully confiscated by the state in 1997 on the assumption that they belonged to George Adu Bonsu, alias Benjilo, should be released.
After hearing arguments by counsel for the applicant and the respondent, the court, presided over by Mr Justice Victor Ofoe, ruled that there was no exceptional circumstance to warrant the stay of its judgement and asked the applicant to go to the Court of Appeal.
It awarded costs of ¢5 million against the applicant, which is the State.
On February 13, 2007, the court ordered the immediate release of the stock of goods in the shops of Benjilo Fabrics Company Limited which got destroyed because they had been locked, leasehold interests in House Number C618/2, Salaga Market, House Number 521/1, Selwyn Street, House Number C850/4, Abele Road, Kokomlemle, House Number J85, Nungua, an unnumbered warehouse/hospital premises opposite ABC Junction, Alogboshie (now Fourth Street or C297/30 Achimota), Accra.
The rest are an unnumbered property at Number 1 Tantra Hill, TH 59, Tantra Hill in Accra, a GCM Typhoon vehicle, with registration number GR 4833 J, a Mercedes Benz 300, with registration number GR 7474 J, and a Nissan Pathfinder, with registration number GR 4835 J.
The court further ordered the payment of ¢1.111 billion with interest, since 1997, at the prevailing commercial rate for the stock of goods destroyed as a result of the unlawful closure of Benjilo Fabrics Company Limited.
In addition, the state was to pay ¢450 million per year as loss of use of three vehicles which were also seized.
An amount of ¢90 million was also to be paid for the rehabilitation of the three vehicles which have been left to the vagaries of the weather since May 2001.
A further ¢80 million in damages and costs of ¢50 million were also awarded against the state.
A building, H/NO. C850/4, Abele Road, Kokomlemle, which belongs to Madam Yaa Konadu, is not affected by the appeal.
The judgement was to be executed by the State through the Inspector-General of Police, the Narcotics Control Board and the Attorney-General, who were the defendants.
The plaintiffs, Benjilo Fabrics Limited, Mrs Grace Adu Bonsu, Prof Azumah Nelson, Dennis Adu Bonsu, Raymond Kofi Adu Amankwah and Madam Yaa Konadu, sued for the release of the property after the conviction and sentence of Benjilo to 10 years’ imprisonment for drug-related offences in April 1997.
According to them, Benjilo Fabrics was a limited liability company with four directors who did not include Benjilo, who was only a worker with the company.
The company claimed $650,000 or its cedi equivalent as the cost of the stock of goods destroyed in the shops which were locked because when its accountant, together with the police, took stock of the goods on June 5, 1997, their value was ¢1,111,840,500.
Consequently, the court ordered that interest be paid, at the commercial rate, on the amount from December 1997 to date because six months from the date was a reasonable period for the defendants to have decided to dispose of those materials, instead of leaving them to rot in the shops.
The company claimed a leasehold interest in the houses at the Salaga Market and Selwyn Street, as well as the Nissan Pathfinder.
It said the leasehold interest for 20 years was acquired from Mr and Mrs Nanka Bruce in April 1994.
The court held that evidence was led to show that, indeed, Benjilo did not own those houses and that the company was the lessee of the property.
In respect of the Kokomlemle house, the court held that it was satisfied with Mrs Adu Bonsu’s evidence that it belonged to the sixth plaintiff, Madam Yaa Konadu, who herself testified as to how she came by that property.
The evidence on the property at Nungua, the court held, was that it was owned by the fifth plaintiff, Raymond Kofi Amankwah, who is presently domiciled in the USA.
The court said the unnumbered warehouse at ABC Junction, Alogboshie, belonged to Azumah Nelson, who led evidence as to how he got the property.
It stated that the former world featherweight boxing champion bought it from Nii Kuma for the construction of a hospital and Azumah testified that he was assisted by Benjilo each time he travelled outside the country but he refunded whatever amount was spent by Benjilo.
Regarding the ownership of the property opposite ABC Junction, Achimota, being claimed by the fourth plaintiff, Dennis Adu Bonsu, the court accepted the evidence by Mrs Adu Bonsu that she bought it for her child, while the Tantra Hill property, it said, belonged to Mr Ernest Boamah Ansong and not Benjilo.
In 1998, when the plaintiffs filed for the release of their property, the defendants then filed for forfeiture but it was thrown out, on the grounds that an appeal by the then convict was pending.
When the case was finally disposed of at the Supreme Court on May 9, 2001, the state did not go ahead to proceed with the forfeiture proceedings, since the Regional Tribunal indicated on May 3, 2006 that there was no such motion.
According to the notice of appeal, the judgement was against the weight of evidence adduced during the trial and that the trial judge erred in awarding to the respondents/plaintiffs special damages when same had not been specifically pleaded.
Mr William Kpobi, a Principal State Attorney, stated that there was a clear case of bias by the trial judge when, in a preface to his judgement, he had said, “The case had given him anxious moments ... inertia by the state ...”
He said by reference to those words, the judge feared and was worried, nervous and had shown interest in the respondents and ought to have declined jurisdiction from the beginning of the trial.
The judge, however, disagreed with him and asked at what point during the trial he had become anxious, telling the counsel that in asking for stay of execution, he should show inconveniences to be suffered if the judgement was executed.
Counsel for the respondent, Mr Yonny Kulendi, said counsel for the applicant failed to demonstrate that the appeal had the likelihood to succeed but sought to dwell on inconsistencies in the evidence.
“The applicant ought to tell the court what special circumstances there are to warrant the stay,” he said, and added that the opinion expressed by the judge did no amount to being bias.
After hearing arguments by counsel for the applicant and the respondent, the court, presided over by Mr Justice Victor Ofoe, ruled that there was no exceptional circumstance to warrant the stay of its judgement and asked the applicant to go to the Court of Appeal.
It awarded costs of ¢5 million against the applicant, which is the State.
On February 13, 2007, the court ordered the immediate release of the stock of goods in the shops of Benjilo Fabrics Company Limited which got destroyed because they had been locked, leasehold interests in House Number C618/2, Salaga Market, House Number 521/1, Selwyn Street, House Number C850/4, Abele Road, Kokomlemle, House Number J85, Nungua, an unnumbered warehouse/hospital premises opposite ABC Junction, Alogboshie (now Fourth Street or C297/30 Achimota), Accra.
The rest are an unnumbered property at Number 1 Tantra Hill, TH 59, Tantra Hill in Accra, a GCM Typhoon vehicle, with registration number GR 4833 J, a Mercedes Benz 300, with registration number GR 7474 J, and a Nissan Pathfinder, with registration number GR 4835 J.
The court further ordered the payment of ¢1.111 billion with interest, since 1997, at the prevailing commercial rate for the stock of goods destroyed as a result of the unlawful closure of Benjilo Fabrics Company Limited.
In addition, the state was to pay ¢450 million per year as loss of use of three vehicles which were also seized.
An amount of ¢90 million was also to be paid for the rehabilitation of the three vehicles which have been left to the vagaries of the weather since May 2001.
A further ¢80 million in damages and costs of ¢50 million were also awarded against the state.
A building, H/NO. C850/4, Abele Road, Kokomlemle, which belongs to Madam Yaa Konadu, is not affected by the appeal.
The judgement was to be executed by the State through the Inspector-General of Police, the Narcotics Control Board and the Attorney-General, who were the defendants.
The plaintiffs, Benjilo Fabrics Limited, Mrs Grace Adu Bonsu, Prof Azumah Nelson, Dennis Adu Bonsu, Raymond Kofi Adu Amankwah and Madam Yaa Konadu, sued for the release of the property after the conviction and sentence of Benjilo to 10 years’ imprisonment for drug-related offences in April 1997.
According to them, Benjilo Fabrics was a limited liability company with four directors who did not include Benjilo, who was only a worker with the company.
The company claimed $650,000 or its cedi equivalent as the cost of the stock of goods destroyed in the shops which were locked because when its accountant, together with the police, took stock of the goods on June 5, 1997, their value was ¢1,111,840,500.
Consequently, the court ordered that interest be paid, at the commercial rate, on the amount from December 1997 to date because six months from the date was a reasonable period for the defendants to have decided to dispose of those materials, instead of leaving them to rot in the shops.
The company claimed a leasehold interest in the houses at the Salaga Market and Selwyn Street, as well as the Nissan Pathfinder.
It said the leasehold interest for 20 years was acquired from Mr and Mrs Nanka Bruce in April 1994.
The court held that evidence was led to show that, indeed, Benjilo did not own those houses and that the company was the lessee of the property.
In respect of the Kokomlemle house, the court held that it was satisfied with Mrs Adu Bonsu’s evidence that it belonged to the sixth plaintiff, Madam Yaa Konadu, who herself testified as to how she came by that property.
The evidence on the property at Nungua, the court held, was that it was owned by the fifth plaintiff, Raymond Kofi Amankwah, who is presently domiciled in the USA.
The court said the unnumbered warehouse at ABC Junction, Alogboshie, belonged to Azumah Nelson, who led evidence as to how he got the property.
It stated that the former world featherweight boxing champion bought it from Nii Kuma for the construction of a hospital and Azumah testified that he was assisted by Benjilo each time he travelled outside the country but he refunded whatever amount was spent by Benjilo.
Regarding the ownership of the property opposite ABC Junction, Achimota, being claimed by the fourth plaintiff, Dennis Adu Bonsu, the court accepted the evidence by Mrs Adu Bonsu that she bought it for her child, while the Tantra Hill property, it said, belonged to Mr Ernest Boamah Ansong and not Benjilo.
In 1998, when the plaintiffs filed for the release of their property, the defendants then filed for forfeiture but it was thrown out, on the grounds that an appeal by the then convict was pending.
When the case was finally disposed of at the Supreme Court on May 9, 2001, the state did not go ahead to proceed with the forfeiture proceedings, since the Regional Tribunal indicated on May 3, 2006 that there was no such motion.
According to the notice of appeal, the judgement was against the weight of evidence adduced during the trial and that the trial judge erred in awarding to the respondents/plaintiffs special damages when same had not been specifically pleaded.
Mr William Kpobi, a Principal State Attorney, stated that there was a clear case of bias by the trial judge when, in a preface to his judgement, he had said, “The case had given him anxious moments ... inertia by the state ...”
He said by reference to those words, the judge feared and was worried, nervous and had shown interest in the respondents and ought to have declined jurisdiction from the beginning of the trial.
The judge, however, disagreed with him and asked at what point during the trial he had become anxious, telling the counsel that in asking for stay of execution, he should show inconveniences to be suffered if the judgement was executed.
Counsel for the respondent, Mr Yonny Kulendi, said counsel for the applicant failed to demonstrate that the appeal had the likelihood to succeed but sought to dwell on inconsistencies in the evidence.
“The applicant ought to tell the court what special circumstances there are to warrant the stay,” he said, and added that the opinion expressed by the judge did no amount to being bias.
EXPATRIATE SUES TWO FIRMS
A former expatriate employee of two civil engineering, marine and mining companies has sued them at the High Court claiming 59,264 Euro as unpaid salaries and allowances and damages of ¢500 million.
Guerrino Raimondi, an Italian, was from March 2005, the Plant/Workshop Manager of Piscedda and Development company and Sarroch Gelfijv company, until he was relieved of his post in April 15, this year.
He has joined Mr Amselmo Piscedda, whom he described as the ‘alter ago’ (the embodiment of both companies) for failing to settle him after he was laid off.
The case was filed in the Kumasi High Court by Koi Larbi and Co, Accra Legal practitioners while Amua-Sakyi and Co of Ekudaa Chambers; Takoradi, has entered appearance on behalf of the defendants.
A statement of claim accompanying the suit said the plaintiff was an expatriate professional mechanic and employee of the two companies, which were Takoradi and Kumasi-based respectively and were Civil Engineering, Marine and Mining contractors .
It said Mr Piscedda had by diverse acts held himself out as being liable for the debt.
According to the statement, about March 2005, the plaintiff was contracted in Italy by Piscedda and Development Company as Plant /Workshop Manager and was flown to Ghana to start work with the company in Takoradi.
The plaintiff, it said, was responsible for the repair, maintenance and operation of machines, tractors, plant and equipment used by the company.
It said the plaintiff was also responsible for the purchase of parts both locally and from Italy for and on behalf of his employers and up to November 2005, the company gave out money for that purpose.
However, it said, from December 2005, the plaintiff was authorised to purchase parts at various times from his own resources for the company and was reimbursed from time to time at the pleasure of Mr Pisceddi.
The statement said that the plaintiff was appointed Sales Manager in September 2006 and verbally tasked to sell unused parts, scrap.machines and collect the proceeds from the clients.
It said the plaintiff was not paid his full salaries and other allowances in spite of repeated demands on Mr Pisceddi when in June 2006 he was transferred to work in the same capacity in the second company, Sarroch Gelfijv.
The statement said that pursuant to the working relationship between the plaintiff and the company, including the purchase and sale of parts, the plaintiff submitted to Mr Pisceddi a Statement of Accounts on Aprill 27, 2007, for settlement.
However, it said, Mr Pisceddi in an unprecedented manner failed, refused and ignored to even discuss the matter with the plaintiff and instead demanded for the originals of the receipts covering the purchases made by the plaintiff.
It said Mr Pisceddi then ordered the plaintiff to cease working for the second company effective April 15, 2007 and also go for an air ticket to leave for Italy.
Mr Pisceddi also asked the plaintiff to vacate his official residence and return the official vehicle in his care.
The statement said despite pleas from the plaintiff to Mr Pisceddi to pay him his outstanding salaries he refused and instead traveled to Guinea, leaving him frustrated.
The plaintiff said that he had suffered seriously as a result, therefrom, financially, personally as well as
Guerrino Raimondi, an Italian, was from March 2005, the Plant/Workshop Manager of Piscedda and Development company and Sarroch Gelfijv company, until he was relieved of his post in April 15, this year.
He has joined Mr Amselmo Piscedda, whom he described as the ‘alter ago’ (the embodiment of both companies) for failing to settle him after he was laid off.
The case was filed in the Kumasi High Court by Koi Larbi and Co, Accra Legal practitioners while Amua-Sakyi and Co of Ekudaa Chambers; Takoradi, has entered appearance on behalf of the defendants.
A statement of claim accompanying the suit said the plaintiff was an expatriate professional mechanic and employee of the two companies, which were Takoradi and Kumasi-based respectively and were Civil Engineering, Marine and Mining contractors .
It said Mr Piscedda had by diverse acts held himself out as being liable for the debt.
According to the statement, about March 2005, the plaintiff was contracted in Italy by Piscedda and Development Company as Plant /Workshop Manager and was flown to Ghana to start work with the company in Takoradi.
The plaintiff, it said, was responsible for the repair, maintenance and operation of machines, tractors, plant and equipment used by the company.
It said the plaintiff was also responsible for the purchase of parts both locally and from Italy for and on behalf of his employers and up to November 2005, the company gave out money for that purpose.
However, it said, from December 2005, the plaintiff was authorised to purchase parts at various times from his own resources for the company and was reimbursed from time to time at the pleasure of Mr Pisceddi.
The statement said that the plaintiff was appointed Sales Manager in September 2006 and verbally tasked to sell unused parts, scrap.machines and collect the proceeds from the clients.
It said the plaintiff was not paid his full salaries and other allowances in spite of repeated demands on Mr Pisceddi when in June 2006 he was transferred to work in the same capacity in the second company, Sarroch Gelfijv.
The statement said that pursuant to the working relationship between the plaintiff and the company, including the purchase and sale of parts, the plaintiff submitted to Mr Pisceddi a Statement of Accounts on Aprill 27, 2007, for settlement.
However, it said, Mr Pisceddi in an unprecedented manner failed, refused and ignored to even discuss the matter with the plaintiff and instead demanded for the originals of the receipts covering the purchases made by the plaintiff.
It said Mr Pisceddi then ordered the plaintiff to cease working for the second company effective April 15, 2007 and also go for an air ticket to leave for Italy.
Mr Pisceddi also asked the plaintiff to vacate his official residence and return the official vehicle in his care.
The statement said despite pleas from the plaintiff to Mr Pisceddi to pay him his outstanding salaries he refused and instead traveled to Guinea, leaving him frustrated.
The plaintiff said that he had suffered seriously as a result, therefrom, financially, personally as well as
cCOURT DECLINES APPLICATION TO RELOCATE SINKING VESSEL IN COKE CASE
THE Accra Fast Track High Court hearing the trial of the owner of the MV Benjamin and five crew members in connection with the missing cocaine on board the vessel has declined an application by the prosecution to relocate the vessel at the Tema Harbour because it was sinking.
According to the court, the vessel was not in evidence and, therefore, it could not grant the application, adding that “ if, in the course of the trial, the vessel becomes an exhibit, the court can consider the application”.
The state of the vessel, which the prosecution said was used to import 77 parcels of cocaine, weighing 30 kilogrammes each, into the country, was made known to the court when a Company Inspector of the Registrar-General’s Department appeared to testify in the case in which the owner of the vessel, Joseph Kojo Dawson; Pak Bok Sil, a Korean; Isaac Arhin and Philip Bruce Arhin, both Ghanaians; and Cui Xian Li and Luo Yin Xing, both Chinese, are alleged to have played various roles in the importation of the substance.
They have been charged with various counts of using a property for narcotic offences, engaging in prohibited business relating to narcotics and possession of narcotic drugs without lawful authority.
Each of them has pleaded not guilty to all the charges and have been remanded in prison custody.
Mr William Kpobi, a Principal State Attorney, who led the witness in evidence, prayed the court, presided over by Mr Justice Annin Yeboah, a Court of Appeal Judge with additional responsibility as a High Court judge, to consider the motion ex-parte.
He said the vessel had been at the Tema Port since October 2006 and was posing problems for the port authorities and, therefore, he wanted the PSC Shipyard Ltd to be ordered to relocate the vessel to a safer location to avert a looming danger.
Ruling on the application, the court said if the vessel had been seized it should be relocated by whoever seized it, since it was not an exhibit in court.
Mr D. K. Ameley, counsel for the boat owner, wondered why the prosecution wanted to put a responsibility on the court since the vessel was not in evidence.
“If, by the grace of God, we are exonerated at the end of the trial and they have allowed our boat to sink we will sue the state for that,” counsel said.
Later, the witness, Mr Enoch Quaye, said Atico Fisheries Company Ltd was incorporated on November 22, 2002 and commenced business on November 29, that year.
He said the company had as its directors the fugitive cocaine baron, Sheriff Asem Dakeh, Keun Jo Lee and John Wakefield, adding that since its incorporation, the company had never submitted returns, while Evans Charwetey Tsekobi, a brother of Sheriff, was not in the records of the department as being one of the company’s directors.
Asked whether he knew about Dashment Company Ltd, the witness replied in the affirmative and mentioned its shareholders as Joseph Kojo Dawson, John Kwabena Dawson and another person.
He said although the company was incorporated on August 18, 1993, it had since 1998 failed to submit its returns and audited accounts.
Mr Quaye said since that time he had not visited the company and so he would not know whether it was viable or not.
According to the court, the vessel was not in evidence and, therefore, it could not grant the application, adding that “ if, in the course of the trial, the vessel becomes an exhibit, the court can consider the application”.
The state of the vessel, which the prosecution said was used to import 77 parcels of cocaine, weighing 30 kilogrammes each, into the country, was made known to the court when a Company Inspector of the Registrar-General’s Department appeared to testify in the case in which the owner of the vessel, Joseph Kojo Dawson; Pak Bok Sil, a Korean; Isaac Arhin and Philip Bruce Arhin, both Ghanaians; and Cui Xian Li and Luo Yin Xing, both Chinese, are alleged to have played various roles in the importation of the substance.
They have been charged with various counts of using a property for narcotic offences, engaging in prohibited business relating to narcotics and possession of narcotic drugs without lawful authority.
Each of them has pleaded not guilty to all the charges and have been remanded in prison custody.
Mr William Kpobi, a Principal State Attorney, who led the witness in evidence, prayed the court, presided over by Mr Justice Annin Yeboah, a Court of Appeal Judge with additional responsibility as a High Court judge, to consider the motion ex-parte.
He said the vessel had been at the Tema Port since October 2006 and was posing problems for the port authorities and, therefore, he wanted the PSC Shipyard Ltd to be ordered to relocate the vessel to a safer location to avert a looming danger.
Ruling on the application, the court said if the vessel had been seized it should be relocated by whoever seized it, since it was not an exhibit in court.
Mr D. K. Ameley, counsel for the boat owner, wondered why the prosecution wanted to put a responsibility on the court since the vessel was not in evidence.
“If, by the grace of God, we are exonerated at the end of the trial and they have allowed our boat to sink we will sue the state for that,” counsel said.
Later, the witness, Mr Enoch Quaye, said Atico Fisheries Company Ltd was incorporated on November 22, 2002 and commenced business on November 29, that year.
He said the company had as its directors the fugitive cocaine baron, Sheriff Asem Dakeh, Keun Jo Lee and John Wakefield, adding that since its incorporation, the company had never submitted returns, while Evans Charwetey Tsekobi, a brother of Sheriff, was not in the records of the department as being one of the company’s directors.
Asked whether he knew about Dashment Company Ltd, the witness replied in the affirmative and mentioned its shareholders as Joseph Kojo Dawson, John Kwabena Dawson and another person.
He said although the company was incorporated on August 18, 1993, it had since 1998 failed to submit its returns and audited accounts.
Mr Quaye said since that time he had not visited the company and so he would not know whether it was viable or not.
CONTEMPT CASE AGAINST ATTORNEY-GENERAL REUSED
THE Accra Fast Track High Court has refused the contempt application filed by a former Deputy Director of Operations of the Ghana Immigration Service (GIS), Mr Kojo Hodare-Okae, against the Attorney-General and Minister of Justice, Mr Joe Ghartey.
The applicant’s motion sought to cite the A-G for contempt for failing to comply with the court’s earlier judgement of May 27, 2005, that he should be reinstated in the Public Service where the President so desired, provided he suffered no loss of salary or allowances he received as Deputy Director of the GIS.
The order was to take effect from September 2003 when his appointment was terminated up to the date of judgement when he was to be restored to the government payroll.
Joined to the suit was the Minister of the Interior, Mr Albert Kan-Dapaah, as well as the GIS.
However, the court, presided over by Mr Justice P. Baffoe-Bonnie, a Court of Appeal judge with additional responsibility as a High Court judge, stated that the A-G could not be cited for a court order which elapsed before the applicant reached his retiring age of 60 years.
According to the court, it was not constitutionally permissible to reinstate the applicant in the Civil Service because the President was not notified about his plight as per the court order.
It said that after its judgement of May 2005, the entry of judgement was filed in April 2006 while the applicant said he filed the certificate of judgement on March 16, 2007, out of the abundance of caution but that was a procedural requirement although he was not aware of its full effect.
It said the A-G could only be cited for contempt if he violated or breached the court’s orders wilfully and while Article 88 (5) of the constitution made it possible for the A-G to be sued, that section was misapplied by the applicant.
The court held that the respondent could not be attached to an action of the President, saying that “since contempt is quasi-criminal I do not see how the A-G can be sued for the infractions of the President or any state institution”.
“The A-G cannot be attached for contempt for the President’s failure to do something, since no order was directed at him,” it said, and added that the applicant’s failure to put in the legal process before reaching the retiring age of 60 years disabled the President from reinstating him.
The court brought to the fore hindrances in suits against the A-G and indicated that it must be proved that the person who was being cited for contempt had breached an order of the court and fell within the purview of Article 88 (5) of the constitution.
It wondered whether it was the A-G as an officer or institution who should be sued and stated that in the instance case, at the time the judgement was given in 2005, there was an A-G who was replaced in a Cabinet reshuffle and asked who should be cited in this instance.
An affidavit in support of the applicant’s motion said on September 5, 2002, he received a letter signed by Dr Kwame Addo Kufuor, then Minister of the Interior, informing him that he had been transferred from the GIS to the Free Zones Board (FZB).
It said the applicant later realised that his transfer was a hoax, since the FZB had no role for him to play. He, therefore, refused to accept his posting.
According to the affidavit, the applicant, in view of the frustrations he went through because the FZB had refused to accept him, petitioned various high government officials to intervene on his behalf but to no avail, compelling him to resort to the law to seek redress.
Consequently, he filed a writ against the A-G, the Interior Minister and the GIS, saying that his transfer amounted to a dismissal and, therefore, wrongful.
He sought for his reinstatement and restoration of all his salaries and entitlements from the time of his transfer to the time of the writ, among other reliefs, and upon which the court granted the reliefs and awarded damages.
Mr Akoto Ampaw who represented the applicant said after the court judgement, they thought that the matter could be resolved amicably. Therefore, they approached the defendants without using the coercive powers of the court and wrote a letter dated April 10, 2006 to the A-G.
“Portions of the letter showed that we have been having several discussions with the A-G,” counsel said, and added that the letter was written pursuant to the discussions with the hope that the issue could be resolved.
Counsel said it had never been their position to battle the government but wanted the applicant reinstated; however, the A-G kept giving promises to comply with the court order, adding that “the A-G gave the impression that he was amenable to this and we have been particularly urging him on all this while”.
According to Mr Akoto Ampaw, the entry of judgement was made on March 3, 2006 and served on the A-G on April 4, 2006 to enable him to take the necessary steps to have the applicant reinstated.
Counsel agreed with the court when the judge said that the A-G as the principal legal advisor of the President was not his representative and could only give advice which the President was not bound to take.
Mr Akoto Ampaw said although the applicant had gone on retirement there was the need for him to go for his retirement benefits and he needed to be placed in an institution to enable him to access it because under the Civil Service he would be asked to indicate where he worked.
“If the President did not reinstate him then it means that there is no remedy for him under the justice system,” counsel said, and added that the reinstatement did not mean that the applicant could go back to work but to enable him to have access to his full entitlements as someone who reached the retirement age while in the service.
Mr Ghartey, who defended himself, described the application as totally misplaced and flawed because it attacked his person and not his office and that the applicant had not been able to prove that he disobeyed the court’s order.
“Contempt is quasi-criminal whose punishment is either a fine or imprisonment and, therefore, the applicant must prove a prima facie case of contempt,” he said.
According to him, the first hurdle which had to be cleared by the applicant was whether the person in court was the one the order was made against, since the order for reinstatement was not made against the A-G but the President.
Mr Ghartey further said up until the time that the applicant was to be reinstated, he had not served the A-G with a certificate of judgement to enable him to advice the President; therefore, the President was incapable of reinstating him under Article 119 of the Constitution.
The applicant’s motion sought to cite the A-G for contempt for failing to comply with the court’s earlier judgement of May 27, 2005, that he should be reinstated in the Public Service where the President so desired, provided he suffered no loss of salary or allowances he received as Deputy Director of the GIS.
The order was to take effect from September 2003 when his appointment was terminated up to the date of judgement when he was to be restored to the government payroll.
Joined to the suit was the Minister of the Interior, Mr Albert Kan-Dapaah, as well as the GIS.
However, the court, presided over by Mr Justice P. Baffoe-Bonnie, a Court of Appeal judge with additional responsibility as a High Court judge, stated that the A-G could not be cited for a court order which elapsed before the applicant reached his retiring age of 60 years.
According to the court, it was not constitutionally permissible to reinstate the applicant in the Civil Service because the President was not notified about his plight as per the court order.
It said that after its judgement of May 2005, the entry of judgement was filed in April 2006 while the applicant said he filed the certificate of judgement on March 16, 2007, out of the abundance of caution but that was a procedural requirement although he was not aware of its full effect.
It said the A-G could only be cited for contempt if he violated or breached the court’s orders wilfully and while Article 88 (5) of the constitution made it possible for the A-G to be sued, that section was misapplied by the applicant.
The court held that the respondent could not be attached to an action of the President, saying that “since contempt is quasi-criminal I do not see how the A-G can be sued for the infractions of the President or any state institution”.
“The A-G cannot be attached for contempt for the President’s failure to do something, since no order was directed at him,” it said, and added that the applicant’s failure to put in the legal process before reaching the retiring age of 60 years disabled the President from reinstating him.
The court brought to the fore hindrances in suits against the A-G and indicated that it must be proved that the person who was being cited for contempt had breached an order of the court and fell within the purview of Article 88 (5) of the constitution.
It wondered whether it was the A-G as an officer or institution who should be sued and stated that in the instance case, at the time the judgement was given in 2005, there was an A-G who was replaced in a Cabinet reshuffle and asked who should be cited in this instance.
An affidavit in support of the applicant’s motion said on September 5, 2002, he received a letter signed by Dr Kwame Addo Kufuor, then Minister of the Interior, informing him that he had been transferred from the GIS to the Free Zones Board (FZB).
It said the applicant later realised that his transfer was a hoax, since the FZB had no role for him to play. He, therefore, refused to accept his posting.
According to the affidavit, the applicant, in view of the frustrations he went through because the FZB had refused to accept him, petitioned various high government officials to intervene on his behalf but to no avail, compelling him to resort to the law to seek redress.
Consequently, he filed a writ against the A-G, the Interior Minister and the GIS, saying that his transfer amounted to a dismissal and, therefore, wrongful.
He sought for his reinstatement and restoration of all his salaries and entitlements from the time of his transfer to the time of the writ, among other reliefs, and upon which the court granted the reliefs and awarded damages.
Mr Akoto Ampaw who represented the applicant said after the court judgement, they thought that the matter could be resolved amicably. Therefore, they approached the defendants without using the coercive powers of the court and wrote a letter dated April 10, 2006 to the A-G.
“Portions of the letter showed that we have been having several discussions with the A-G,” counsel said, and added that the letter was written pursuant to the discussions with the hope that the issue could be resolved.
Counsel said it had never been their position to battle the government but wanted the applicant reinstated; however, the A-G kept giving promises to comply with the court order, adding that “the A-G gave the impression that he was amenable to this and we have been particularly urging him on all this while”.
According to Mr Akoto Ampaw, the entry of judgement was made on March 3, 2006 and served on the A-G on April 4, 2006 to enable him to take the necessary steps to have the applicant reinstated.
Counsel agreed with the court when the judge said that the A-G as the principal legal advisor of the President was not his representative and could only give advice which the President was not bound to take.
Mr Akoto Ampaw said although the applicant had gone on retirement there was the need for him to go for his retirement benefits and he needed to be placed in an institution to enable him to access it because under the Civil Service he would be asked to indicate where he worked.
“If the President did not reinstate him then it means that there is no remedy for him under the justice system,” counsel said, and added that the reinstatement did not mean that the applicant could go back to work but to enable him to have access to his full entitlements as someone who reached the retirement age while in the service.
Mr Ghartey, who defended himself, described the application as totally misplaced and flawed because it attacked his person and not his office and that the applicant had not been able to prove that he disobeyed the court’s order.
“Contempt is quasi-criminal whose punishment is either a fine or imprisonment and, therefore, the applicant must prove a prima facie case of contempt,” he said.
According to him, the first hurdle which had to be cleared by the applicant was whether the person in court was the one the order was made against, since the order for reinstatement was not made against the A-G but the President.
Mr Ghartey further said up until the time that the applicant was to be reinstated, he had not served the A-G with a certificate of judgement to enable him to advice the President; therefore, the President was incapable of reinstating him under Article 119 of the Constitution.
UNIVERSITY DON TESTIFIES IN COKE TRIAL
A SENIOR Lecturer at the Department of Linguistics of the University of Ghana, Dr Kofi Agyekum, has denied that the report presented by J. P. French and Associates, United Kingdom (UK)-based forensic consultants, on the recorded conversation on the missing 77 parcels of cocaine which took place in ACP Kofi Boakye’s residence had been produced to suit the Attorney-General.
“As a scientific and professional study it was independent, objective and impartial and does not owe any duty to anybody, apart from the court,” he stated, and added that they had gone about the transcript in an objective manner, without looking at the personalities involved.
Dr Agyekum was testifying for the prosecution as a member of the consultants who had worked on the recorded conversation which has led to the trial at the Accra Fast Track High Court of Kwabena Amaning, alias Tagor, and Alhaji Issah Abass for their roles in the missing cocaine.
Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supplying narcotic drugs, while Alhaji Issah Abass faces two counts of conspiracy and supply of narcotic drugs.
They have pleaded not guilty to all the counts and have been refused bail by the court.
Kwabena Acheampong, Kwabena Amaning (Tagor), Alhaji Issah Abass, Victor Kisseh, alias Yaw Billah, and Alhaji Moro Mohammed were earlier arraigned at the circuit court for allegedly dealing in narcotic drugs but the prosecution, on Wednesday, November 22, 2006, entered a nolle prosequi, resulting in their discharge.
However, fresh charges were preferred against Tagor and Abass, leading to their appearance at the Fast Track High Court.
Dr Agyekum, also called Opanin Agyekum, who had an intellectual grip on the issue and treated the evidence as if he was delivering a lecture, said he was a linguist, with speciality in Akan, and also a social commentator who featured in Akan radio programmes on Radio Univers and Peace FM, both Accra-based FM stations.
He said he was contacted by the Attorney-General, Mr Joe Ghartey, on October 21, 2007 and asked to assist the consultants with the Akan linguistic aspect of the recorded conversation.
According to Dr Agyekum, the team was tasked to find out how authentic the recording was, the voice profile of the participants, make a voice attribution and transcription and translate the conversation from Twi to English.
Following that, he said, he travelled to the UK to assist the consultants, saying that during the voice profiling, it was realised that the participants used both Twi and English; Abass, who was a non Asante speaker, used both Fanti and Twi, while the other participants used Twi.
He said the voice attribution was done by comparing the known voices of the participants to those of the recorded conversation on a compact disc (CD).
Regarding the authenticity of the conversation, the witness said it was found to be natural and that in the consultants’ analyses, the conversations in Twi were translated into English, while those in English were left untouched.
During cross-examination by the defence lawyers, Dr Agyekum said as a social commentator, there was the likelihood that the issue of the Georgina Wood Committee on cocaine had been discussed by him but he was not in a position to say when that had happened.
He also said that he was unaware of the motive for which the conversation was recorded or who recorded it.
“As a scientific and professional study it was independent, objective and impartial and does not owe any duty to anybody, apart from the court,” he stated, and added that they had gone about the transcript in an objective manner, without looking at the personalities involved.
Dr Agyekum was testifying for the prosecution as a member of the consultants who had worked on the recorded conversation which has led to the trial at the Accra Fast Track High Court of Kwabena Amaning, alias Tagor, and Alhaji Issah Abass for their roles in the missing cocaine.
Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supplying narcotic drugs, while Alhaji Issah Abass faces two counts of conspiracy and supply of narcotic drugs.
They have pleaded not guilty to all the counts and have been refused bail by the court.
Kwabena Acheampong, Kwabena Amaning (Tagor), Alhaji Issah Abass, Victor Kisseh, alias Yaw Billah, and Alhaji Moro Mohammed were earlier arraigned at the circuit court for allegedly dealing in narcotic drugs but the prosecution, on Wednesday, November 22, 2006, entered a nolle prosequi, resulting in their discharge.
However, fresh charges were preferred against Tagor and Abass, leading to their appearance at the Fast Track High Court.
Dr Agyekum, also called Opanin Agyekum, who had an intellectual grip on the issue and treated the evidence as if he was delivering a lecture, said he was a linguist, with speciality in Akan, and also a social commentator who featured in Akan radio programmes on Radio Univers and Peace FM, both Accra-based FM stations.
He said he was contacted by the Attorney-General, Mr Joe Ghartey, on October 21, 2007 and asked to assist the consultants with the Akan linguistic aspect of the recorded conversation.
According to Dr Agyekum, the team was tasked to find out how authentic the recording was, the voice profile of the participants, make a voice attribution and transcription and translate the conversation from Twi to English.
Following that, he said, he travelled to the UK to assist the consultants, saying that during the voice profiling, it was realised that the participants used both Twi and English; Abass, who was a non Asante speaker, used both Fanti and Twi, while the other participants used Twi.
He said the voice attribution was done by comparing the known voices of the participants to those of the recorded conversation on a compact disc (CD).
Regarding the authenticity of the conversation, the witness said it was found to be natural and that in the consultants’ analyses, the conversations in Twi were translated into English, while those in English were left untouched.
During cross-examination by the defence lawyers, Dr Agyekum said as a social commentator, there was the likelihood that the issue of the Georgina Wood Committee on cocaine had been discussed by him but he was not in a position to say when that had happened.
He also said that he was unaware of the motive for which the conversation was recorded or who recorded it.
FUGITIVE COKE BARON'S BROTHER DISCHARGED
AFTER nine months in custody, Evans Charwetey Tsekobi, a mechanic, and brother of the fugitive cocaine baron, Sheriff Asem Dakeh, alias “The Limping Man”, was has been discharged by the Accra Fast Track High Court.
The man, who testified for the prosecution only on Monday in the case involving the owner of MV Benjamin and its five crew members in connection with the missing 77 parcels of cocaine, was arrested in September, last year, after his brother had absconded and was facing charges relating to laundering proceeds from a narcotic drug offence.
Tsekobi, whose plea was not taken, was discharged at the instance of the prosecution, which entered a nolle prosequi (not willing to prosecute).
His runaway brother is alleged to have chartered the MV Benjamin, the vessel at the centre of the missing 77 parcels of cocaine, from Dashment Shipping Services to import the substance to Ghana but before the security agencies could get wind of its berth, all but one parcel of the substance had been stolen.
According to the particulars of offence, Charwetey, on September 27, last year, handled a Toyota Land Cruiser belonging to Sheriff.
That car was said to have been used by Sheriff when he went to the Kpone Beach to cart the cocaine, but in the process of bolting, he left the vehicle behind.
However, Charwetey went for it, parked it in his house and covered it with a tarpaulin, with the intent to conceal it.
The statement said Charwetey knew that his brother was wanted for crimes related to cocaine and had reasonable knowledge that the vehicle was directly obtained as a result of the commission of a narcotic drug offence.
The prosecution told the court that apart from the fact that Tsekobi parked his brother’s car in his (Tsekobi’s) house, there was no incriminating evidence against him or connect him to the crime.
Beaming with smile, Tsekobi told journalists that “Please, go and tell the world that I am innocent and know nothing about the offence”.
It was during his evidence for the prosecution that he realised his brother had registered his name as the Managing Director of a company he did not know about.
The man, who testified for the prosecution only on Monday in the case involving the owner of MV Benjamin and its five crew members in connection with the missing 77 parcels of cocaine, was arrested in September, last year, after his brother had absconded and was facing charges relating to laundering proceeds from a narcotic drug offence.
Tsekobi, whose plea was not taken, was discharged at the instance of the prosecution, which entered a nolle prosequi (not willing to prosecute).
His runaway brother is alleged to have chartered the MV Benjamin, the vessel at the centre of the missing 77 parcels of cocaine, from Dashment Shipping Services to import the substance to Ghana but before the security agencies could get wind of its berth, all but one parcel of the substance had been stolen.
According to the particulars of offence, Charwetey, on September 27, last year, handled a Toyota Land Cruiser belonging to Sheriff.
That car was said to have been used by Sheriff when he went to the Kpone Beach to cart the cocaine, but in the process of bolting, he left the vehicle behind.
However, Charwetey went for it, parked it in his house and covered it with a tarpaulin, with the intent to conceal it.
The statement said Charwetey knew that his brother was wanted for crimes related to cocaine and had reasonable knowledge that the vehicle was directly obtained as a result of the commission of a narcotic drug offence.
The prosecution told the court that apart from the fact that Tsekobi parked his brother’s car in his (Tsekobi’s) house, there was no incriminating evidence against him or connect him to the crime.
Beaming with smile, Tsekobi told journalists that “Please, go and tell the world that I am innocent and know nothing about the offence”.
It was during his evidence for the prosecution that he realised his brother had registered his name as the Managing Director of a company he did not know about.
MAN IN COURT FOR CYBER THEFT
A collaboration between the Serious Fraud Office (SFO) and the Canadian Mounted Police (RCMP) has led to the arrest of a 22-year-old unemployed, Bismark Nyarko, also known as Bismark Essuman, for an alleged cyber theft involving 591,185 Canadian dollars.
The accused person was alleged to have used Bismark Nyarko interchangeably with his own name, Bismark Essuman, to engage in online purchases of goods from Canada using stolen credit cards to effect payment and shipping to Ghana.
According to the RCMP, the accused person abused about 2000 credit cards.
The SFO was provided with particulars of Bismark, who was arrested on May 10, 2007 when he went to take delivery of one of his parcels, which had arrived in the country.
Bismark was yesterday arraigned at an Accra circuit court on a stealing charge and was remanded into police custody to reappear on June 5, 2007. His plea was not taken.
Dr Gabriel Dzandu of the SFO told the court, presided over by Mr Justice Frank Manu, Chairman of the Greater Accra Regional Tribunal with additional responsibility as circuit court judge, that the accused person had been unemployed after completing his senior secondary school education in 2002.
He said during the latter part of 2006 and February 2007, the SFO received intelligence report from the RCMP that among some suspects, the accused person used Bismark Nyarko interchangeably with his own name Bismark Essuman to engage in online purchase of goods from Canada.
Dr Dzandu said based on detailed information, the SFO did some background checks on the accused person during which a system was put in place to ensure his arrest if and when he appeared to take delivery of some of the stolen parcels.
The prosecutor said on his arrest the accused person admitted the offence and disclosed that he made a living through the use of the Internet.
According to Dr Dzandu, the accused person said by some means he managed to obtain the stolen cards from reportedly “collaborators in Vietnam” and then proceeded to make purchases of merchandise goods such as laptops, cameras, pen drives and personal effects from shops in Canada.
He said the accused person then linked up with his “pen pals” domiciled in Canada for them to ship the items to him in Ghana.
Dr Dzandu said the accused person also used a Ghanaian passport number H1772569 in the name of his brother, Bismark Nyarko, but with his (Bismark Essuman’s) own picture affixed on it to take delivery of the items.
He said in the course of the investigations, a laptop and two mobile phones, which the suspect admitted were part of the items he procured through the illegal activity, as well as a bank savings pass book, were found in his (Bismark’s) house.
The accused person was alleged to have used Bismark Nyarko interchangeably with his own name, Bismark Essuman, to engage in online purchases of goods from Canada using stolen credit cards to effect payment and shipping to Ghana.
According to the RCMP, the accused person abused about 2000 credit cards.
The SFO was provided with particulars of Bismark, who was arrested on May 10, 2007 when he went to take delivery of one of his parcels, which had arrived in the country.
Bismark was yesterday arraigned at an Accra circuit court on a stealing charge and was remanded into police custody to reappear on June 5, 2007. His plea was not taken.
Dr Gabriel Dzandu of the SFO told the court, presided over by Mr Justice Frank Manu, Chairman of the Greater Accra Regional Tribunal with additional responsibility as circuit court judge, that the accused person had been unemployed after completing his senior secondary school education in 2002.
He said during the latter part of 2006 and February 2007, the SFO received intelligence report from the RCMP that among some suspects, the accused person used Bismark Nyarko interchangeably with his own name Bismark Essuman to engage in online purchase of goods from Canada.
Dr Dzandu said based on detailed information, the SFO did some background checks on the accused person during which a system was put in place to ensure his arrest if and when he appeared to take delivery of some of the stolen parcels.
The prosecutor said on his arrest the accused person admitted the offence and disclosed that he made a living through the use of the Internet.
According to Dr Dzandu, the accused person said by some means he managed to obtain the stolen cards from reportedly “collaborators in Vietnam” and then proceeded to make purchases of merchandise goods such as laptops, cameras, pen drives and personal effects from shops in Canada.
He said the accused person then linked up with his “pen pals” domiciled in Canada for them to ship the items to him in Ghana.
Dr Dzandu said the accused person also used a Ghanaian passport number H1772569 in the name of his brother, Bismark Nyarko, but with his (Bismark Essuman’s) own picture affixed on it to take delivery of the items.
He said in the course of the investigations, a laptop and two mobile phones, which the suspect admitted were part of the items he procured through the illegal activity, as well as a bank savings pass book, were found in his (Bismark’s) house.
Monday, May 21, 2007
CONSOLIDATED HOUSE EMPLOYEE IN COURT FOR FRAUD
A former employee of the Consolidated Discount House (CDH), a fund management company, has appeared before an Accra circuit court for allegedly defrauding Gemini Life Insurance Company (GLICO) of ¢2.057 billion and also operating a financial institution without licence from the Bank of Ghana (BoG).
The accused person, Samuel Ralph Kwame Asamoah, 52, was alleged to have used his position as a schedule officer at CDH to divert GLICO’s investment into his private company, Newland Trust and Consultancy Ltd, of which he is the Managing Director.
He pleaded not guilty to two counts of operating a banking business without licence and defrauding by false pretences.
Asamoah was granted bail in the sum of ¢2 billion with a surety and asked to reappear on June 14, 2007.
Prosecuting, Assistant Superintendent of Police (ASP) George Abavelim told the court that the complainant, who is the managing director of GLICO, in September 1996 began to invest money with CDH.
He said from time to time the complainant invested funds with CDH and the accused person was the schedule officer for his investment.
ASP Abavelim said CDH provided the complainant with bi-annual and annual returns on the investment until the last quarter of 1998 when he wanted to withdraw part of the investment.
He said the complainant realised that his investment had reduced considerably and on enquiry from CDH, it was detected that the accused person had used his position to transfer ¢2,057,711,128 into his own private accounts.
The prosecutor said the accused person confessed and explained that he had opened a new company, Newland Trust Consultancy Ltd, into which the money had been transferred.
He said the complainant wanted to get his money back but the accused person could not make it available, explaining that it was during investigations that it was realised that Newland Trust had not been given licence by the BoG to operate.
According to ASP Abavelim, the accused person later issued a cheque for ¢1.1 billion to the complainant but he stopped the payment before the cheque was due.
The accused person, Samuel Ralph Kwame Asamoah, 52, was alleged to have used his position as a schedule officer at CDH to divert GLICO’s investment into his private company, Newland Trust and Consultancy Ltd, of which he is the Managing Director.
He pleaded not guilty to two counts of operating a banking business without licence and defrauding by false pretences.
Asamoah was granted bail in the sum of ¢2 billion with a surety and asked to reappear on June 14, 2007.
Prosecuting, Assistant Superintendent of Police (ASP) George Abavelim told the court that the complainant, who is the managing director of GLICO, in September 1996 began to invest money with CDH.
He said from time to time the complainant invested funds with CDH and the accused person was the schedule officer for his investment.
ASP Abavelim said CDH provided the complainant with bi-annual and annual returns on the investment until the last quarter of 1998 when he wanted to withdraw part of the investment.
He said the complainant realised that his investment had reduced considerably and on enquiry from CDH, it was detected that the accused person had used his position to transfer ¢2,057,711,128 into his own private accounts.
The prosecutor said the accused person confessed and explained that he had opened a new company, Newland Trust Consultancy Ltd, into which the money had been transferred.
He said the complainant wanted to get his money back but the accused person could not make it available, explaining that it was during investigations that it was realised that Newland Trust had not been given licence by the BoG to operate.
According to ASP Abavelim, the accused person later issued a cheque for ¢1.1 billion to the complainant but he stopped the payment before the cheque was due.
FUGITIVE COKE DEALER'S BROTHER TESTIFIES IN COKE TRIAL
A brother of the fugitive cocaine baron, Sheriff Asem Dakeh, alias The Limping Man, today told the Accra Fast Track High Court hearing the trial of the owner of the MV Benjamin and the five crew members in connection with the missing cocaine on board the vessel that he was not the Managing Director of Atico Fisheries.
Evans Charwetey Tsekobi, a mechanic, also said, “My brother does not own Atico Fisheries. I do not know the job he does and I do not have any business relationship with him.”
Tsekobi was testifying for the prosecution in the case in which the owner of the vessel, Joseph Kojo Dawson; Pak Bok Sil, a Korean; Isaac Arhin and Philip Bruce Arhin, both Ghanaians; and Cui Xian Li and Luo Yin Xing, both Chinese, are alleged to have played various roles leading to the importation of 77 parcels of cocaine, each weighing 30 kilogrammes, into the country.
They have been charged with various counts of using a property for narcotic offences, engaging in prohibited business relating to narcotics and possession of narcotic drugs without lawful authority.
Each of them has pleaded not guilty to all the charges and have been remanded into prison custody.
Mr William Kpobi, a Principal State Attorney, who led the witness in evidence, showed a Charter Agreement dated January 25, 2006 to Tsekobi and said the document had his name as the Managing Director of Atico Fisheries.
Asked whether he had seen the document before, the witness replied that it was shown to him in the morning by the prosecutor and that he was not the managing director of the company.
The agreement was not read to the court, but the prosecution believed that Sheriff used the name of Atico Fisheries to charter the MV Benjamin, the vessel at the centre of the missing 77 parcels of cocaine, from Dashment Shipping Services to import the substance into Ghana.
Tsekobi admitted that Sheriff was his brother but they were from different fathers, saying he was arrested and placed in custody for parking a Toyota Land Cruiser belonging to Sheriff in his house.
During cross-examination by Mr D.K. Ameley, counsel for Bok Sil, the witness said he had been in custody since September last year and emphasised that Sheriff did not own Atico Fisheries.
According to Tsekobi, although he used to repair his brother’s car for him, he had never seen his signature before.
Another witness, Chief Superintendent Alhaji Bukari Yakubu, a document examiner at the Police Forensic Laboratory, said after examining certain materials which were given to him, he was certain that Isaac Arhin’s handwriting in his statement to the police and his signature on a Ghana Ports and Harbours Authority (GPHA) vessel movement card were similar.
“The signatures on the GPHA vessel movement card and the police statement are similar and there is high probability that they were written by the same person. The handwriting is similar to Arhin’s,” he said.
Evans Charwetey Tsekobi, a mechanic, also said, “My brother does not own Atico Fisheries. I do not know the job he does and I do not have any business relationship with him.”
Tsekobi was testifying for the prosecution in the case in which the owner of the vessel, Joseph Kojo Dawson; Pak Bok Sil, a Korean; Isaac Arhin and Philip Bruce Arhin, both Ghanaians; and Cui Xian Li and Luo Yin Xing, both Chinese, are alleged to have played various roles leading to the importation of 77 parcels of cocaine, each weighing 30 kilogrammes, into the country.
They have been charged with various counts of using a property for narcotic offences, engaging in prohibited business relating to narcotics and possession of narcotic drugs without lawful authority.
Each of them has pleaded not guilty to all the charges and have been remanded into prison custody.
Mr William Kpobi, a Principal State Attorney, who led the witness in evidence, showed a Charter Agreement dated January 25, 2006 to Tsekobi and said the document had his name as the Managing Director of Atico Fisheries.
Asked whether he had seen the document before, the witness replied that it was shown to him in the morning by the prosecutor and that he was not the managing director of the company.
The agreement was not read to the court, but the prosecution believed that Sheriff used the name of Atico Fisheries to charter the MV Benjamin, the vessel at the centre of the missing 77 parcels of cocaine, from Dashment Shipping Services to import the substance into Ghana.
Tsekobi admitted that Sheriff was his brother but they were from different fathers, saying he was arrested and placed in custody for parking a Toyota Land Cruiser belonging to Sheriff in his house.
During cross-examination by Mr D.K. Ameley, counsel for Bok Sil, the witness said he had been in custody since September last year and emphasised that Sheriff did not own Atico Fisheries.
According to Tsekobi, although he used to repair his brother’s car for him, he had never seen his signature before.
Another witness, Chief Superintendent Alhaji Bukari Yakubu, a document examiner at the Police Forensic Laboratory, said after examining certain materials which were given to him, he was certain that Isaac Arhin’s handwriting in his statement to the police and his signature on a Ghana Ports and Harbours Authority (GPHA) vessel movement card were similar.
“The signatures on the GPHA vessel movement card and the police statement are similar and there is high probability that they were written by the same person. The handwriting is similar to Arhin’s,” he said.
ANOTHER UK EXPERT TESTIFIES IN COKEW TRIAL
A DIGITAL and magnetic recording consultant from the United Kingdom told the Accra Fast Track High Court that there were no signs to suggest that the compact disc (CD) containing the recorded conversation on the missing 77 parcels of cocaine which took place in ACP Kofi Boakye’s house had been edited or tampered with.
“There were no technical features to suggest it is edited,” Mr Philip Thomas Harrison, an independent forensic consultant with J. P. French and Associates, said, and added, however, that there could be possible reasons the conversation might be edited because of the abrupt stop and restart of the conversation.
He said an analysis of the CD revealed that 14 seconds from its beginning, the recording was stopped and restarted thereafter to record the whole conversation, saying that he did not know what happened during that break.
Mr Harrison was testifying as the 10th prosecution witness in the case in which Kwabena Amaning, alias Tagor, and Alhaji Issah Abass are being tried for their role in the missing cocaine.
Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supplying narcotic drugs, while Alhaji Issah Abass faces two counts of conspiracy and supply of narcotic drugs.
They have pleaded not guilty to all the counts and have been refused bail by the court.
Kwabena Acheampong, Kwabena Amaning, Alhaji Issah Abass, Victor Kisseh, alias Yaw Billah, and Alhaji Moro Mohammed were earlier arraigned at the circuit court for allegedly dealing in narcotic drugs but the prosecution, on Wednesday, November 22, 2006, entered a nolle prosequi, resulting in their discharge.
However, fresh charges were preferred against Tagor and Abass, leading to their appearance at the Fast Track High Court.
According to Mr Harrison, he was responsible for the authenticity aspect of the recorded conversation and he was to determine whether it had been edited or tampered with.
He said the conversation was recorded with an analogue cassette recorder with a micro cassette and later transferred onto a CD. He added that it was unedited, although it was possible for experts to use modern equipment to edit conversations of such nature.
Explaining his findings that the conversation was not edited, the witness said there were no switching activities, while there was also continuity in the conversation.
“It was a natural conversation and not one which was staged because of the repetitions and interruptions in it,” he said.
During cross-examination by Nana Asante Bediatuo, one of the counsel for Tagor, the witness disagreed that the conversation captured a discussion on the last World Cup which was played in Germany.
When counsel suggested to him that the conversation could have been edited by an expert who removed all the discontinuities and breaks, Mr Harrison replied that natural speech was different from scripted speech or play acting in which someone directed proceedings.
“I find no signs to suggest that the CD was edited; however, there are possible reasons why the conversation might be edited because of an abrupt stop during the conversation. There were no technical features to suggest it is edited,” the witness emphasised.
When Mr Osafo Buabeng, lead counsel for Abass, suggested to the witness that the switching on and off of the recorder was from one of the participants in the conversation, Mr Harrison replied that he was not aware of that.
The witness said he did not find any evidence of erasure on the CD.
Earlier, Prof John Peter French, who is a voice expert, had concluded his evidence under cross-examination by Mohammed Atta, one of the counsel for Abass, and said the unidentified male voice could belong to any of those who participated in the conversation.
He said no name was attributed to that voice because of the overlap of speeches and statements which were not clear at certain stages of the conversation.
According to Prof French, the majority of recordings which he had worked on were either recorded by undercover agents or the police, but in the instant case he could not tell who did the recording.
“It is difficult to say whether any of the participants did the recording,” he stated, and disagreed with counsel that the CD had been edited because certain statements were incomplete.
He further disagreed with counsel that all the incomplete statements in the conversation were attributed to three persons, namely, ACP Boakye, Tagor and Abass, and explained that that happened because Acheampong and Alhaji Moro spoke very little.
Prof French said he did not come across the micro cassette which was used to record the conversation.
The next prosecution witness is Dr Kofi Agyekum of the University of Ghana who assisted the experts with the Twi linguistic aspects of the conversation.
“There were no technical features to suggest it is edited,” Mr Philip Thomas Harrison, an independent forensic consultant with J. P. French and Associates, said, and added, however, that there could be possible reasons the conversation might be edited because of the abrupt stop and restart of the conversation.
He said an analysis of the CD revealed that 14 seconds from its beginning, the recording was stopped and restarted thereafter to record the whole conversation, saying that he did not know what happened during that break.
Mr Harrison was testifying as the 10th prosecution witness in the case in which Kwabena Amaning, alias Tagor, and Alhaji Issah Abass are being tried for their role in the missing cocaine.
Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supplying narcotic drugs, while Alhaji Issah Abass faces two counts of conspiracy and supply of narcotic drugs.
They have pleaded not guilty to all the counts and have been refused bail by the court.
Kwabena Acheampong, Kwabena Amaning, Alhaji Issah Abass, Victor Kisseh, alias Yaw Billah, and Alhaji Moro Mohammed were earlier arraigned at the circuit court for allegedly dealing in narcotic drugs but the prosecution, on Wednesday, November 22, 2006, entered a nolle prosequi, resulting in their discharge.
However, fresh charges were preferred against Tagor and Abass, leading to their appearance at the Fast Track High Court.
According to Mr Harrison, he was responsible for the authenticity aspect of the recorded conversation and he was to determine whether it had been edited or tampered with.
He said the conversation was recorded with an analogue cassette recorder with a micro cassette and later transferred onto a CD. He added that it was unedited, although it was possible for experts to use modern equipment to edit conversations of such nature.
Explaining his findings that the conversation was not edited, the witness said there were no switching activities, while there was also continuity in the conversation.
“It was a natural conversation and not one which was staged because of the repetitions and interruptions in it,” he said.
During cross-examination by Nana Asante Bediatuo, one of the counsel for Tagor, the witness disagreed that the conversation captured a discussion on the last World Cup which was played in Germany.
When counsel suggested to him that the conversation could have been edited by an expert who removed all the discontinuities and breaks, Mr Harrison replied that natural speech was different from scripted speech or play acting in which someone directed proceedings.
“I find no signs to suggest that the CD was edited; however, there are possible reasons why the conversation might be edited because of an abrupt stop during the conversation. There were no technical features to suggest it is edited,” the witness emphasised.
When Mr Osafo Buabeng, lead counsel for Abass, suggested to the witness that the switching on and off of the recorder was from one of the participants in the conversation, Mr Harrison replied that he was not aware of that.
The witness said he did not find any evidence of erasure on the CD.
Earlier, Prof John Peter French, who is a voice expert, had concluded his evidence under cross-examination by Mohammed Atta, one of the counsel for Abass, and said the unidentified male voice could belong to any of those who participated in the conversation.
He said no name was attributed to that voice because of the overlap of speeches and statements which were not clear at certain stages of the conversation.
According to Prof French, the majority of recordings which he had worked on were either recorded by undercover agents or the police, but in the instant case he could not tell who did the recording.
“It is difficult to say whether any of the participants did the recording,” he stated, and disagreed with counsel that the CD had been edited because certain statements were incomplete.
He further disagreed with counsel that all the incomplete statements in the conversation were attributed to three persons, namely, ACP Boakye, Tagor and Abass, and explained that that happened because Acheampong and Alhaji Moro spoke very little.
Prof French said he did not come across the micro cassette which was used to record the conversation.
The next prosecution witness is Dr Kofi Agyekum of the University of Ghana who assisted the experts with the Twi linguistic aspects of the conversation.
Thursday, May 17, 2007
BENCH WARRANT FOR ARREST OF LEBANESE
THE Commercial Division of the Accra Fast Track High Court has issued a bench warrant for the arrest of Gazy Fattal Dakmak, a Lebanese businessman, for allegedly absconding with ¢463 million belonging to Microcell Limited, dealers in MTN-Areeba recharge scratch cards and other electronic units.
The court on Thursday ordered that after his arrest, Dakmak should be kept in prison at the nearest place of arrest until he was given bail or security by deposit or otherwise to the satisfaction of the court.
Dakmak was said to have purchased items from the company and issued dud cheques which were dishonoured by the bank and had since gone into hiding.
Also joined in the suit is the father of Dakmak, Bassam Gazy Dakmak.
Dakmak used to be an agent for another company, Mobile R us/Allo Concept but was alleged to have engaged in similar deals and the management of the company have disassociated itself from him.
In its statement of claim, Microcell Ltd said Dakmak operated Son Nokta Enterprise, which purchased Areeba recharge scratch cards and electronic units on a cash and carry basis from the company for retail across the country.
It said Dakmak’s father had been privy to his son’s dealings with the company and a beneficiary as well.
According to the company, on April 24, 2007, Dakmak purchased from the company Areeba recharge units worth ¢86.8 million and scratch cards worth ¢63.4 million and drew two cheques payable to the company at the Zenith Bank in Kumasi.
Two days later on April 26, 2007, the plaintiff said Dakmak requested from the company and obtained recharge scratch cards worth ¢30.2 million and drew another cheque to be drawn from the same bank.
The company said it presented the first two cheques for payment on April 25, 2007 while the third cheque was presented for payment on April 27, 2007 but all three cheques were dishonoured and returned to the company.
The plaintiff said it notified Dakmak about the dishonour and demanded cash in redemption of the cheques, but he explained that his accounts had mistakenly been overdrawn at the time the cheques were presented for clearance.
Prior to the plaintiff’s receipt of notice from its bank that all the three cheques had been dishonoured, Dakmak had earlier on April 30, 2007 requested and obtained another Areeba recharge units worth ¢8.7 million from the company with a promise to pay cash.
Dakmak showed up in the Kumasi office of the company and pleaded that he needed to replenish his stock, having sold out the stock over the holiday and that he had cash in his office safe to pay as soon as he reached his office.
Based on that, the company’s sales manager agreed and supplied Dakmak with Areeba electronic units worth ¢130.2 million and recharge scratch cards also worth ¢144 million on the understanding that the sales manager would assign someone to follow Dakmak to his Kumasi shop for the money.
On receipt of the products Dakmak told the sales manager that he was taking the lead to his shop because he had customers waiting there and that someone should be made to follow up for the money and shortly after Dakmak had left information came that all the three cheques had been dishonoured.
The sales manager then called Dakmak and informed him about the latest development but he apologised and gave the assurance that he was going to the bank to arrange for cash to settle all the ¢463.3 million.
That was the last time the plaintiff could hear about Dakmak and on May 4, 2007, his father showed up at the Accra office of the plaintiff and in the presence of some friends explained that he was responsible for his son’s inability to make good his indebtedness and that he was arranging to pay ¢200 million within 48 hours but that never was.
*Pix of Gazy Fattal Dakmak
The court on Thursday ordered that after his arrest, Dakmak should be kept in prison at the nearest place of arrest until he was given bail or security by deposit or otherwise to the satisfaction of the court.
Dakmak was said to have purchased items from the company and issued dud cheques which were dishonoured by the bank and had since gone into hiding.
Also joined in the suit is the father of Dakmak, Bassam Gazy Dakmak.
Dakmak used to be an agent for another company, Mobile R us/Allo Concept but was alleged to have engaged in similar deals and the management of the company have disassociated itself from him.
In its statement of claim, Microcell Ltd said Dakmak operated Son Nokta Enterprise, which purchased Areeba recharge scratch cards and electronic units on a cash and carry basis from the company for retail across the country.
It said Dakmak’s father had been privy to his son’s dealings with the company and a beneficiary as well.
According to the company, on April 24, 2007, Dakmak purchased from the company Areeba recharge units worth ¢86.8 million and scratch cards worth ¢63.4 million and drew two cheques payable to the company at the Zenith Bank in Kumasi.
Two days later on April 26, 2007, the plaintiff said Dakmak requested from the company and obtained recharge scratch cards worth ¢30.2 million and drew another cheque to be drawn from the same bank.
The company said it presented the first two cheques for payment on April 25, 2007 while the third cheque was presented for payment on April 27, 2007 but all three cheques were dishonoured and returned to the company.
The plaintiff said it notified Dakmak about the dishonour and demanded cash in redemption of the cheques, but he explained that his accounts had mistakenly been overdrawn at the time the cheques were presented for clearance.
Prior to the plaintiff’s receipt of notice from its bank that all the three cheques had been dishonoured, Dakmak had earlier on April 30, 2007 requested and obtained another Areeba recharge units worth ¢8.7 million from the company with a promise to pay cash.
Dakmak showed up in the Kumasi office of the company and pleaded that he needed to replenish his stock, having sold out the stock over the holiday and that he had cash in his office safe to pay as soon as he reached his office.
Based on that, the company’s sales manager agreed and supplied Dakmak with Areeba electronic units worth ¢130.2 million and recharge scratch cards also worth ¢144 million on the understanding that the sales manager would assign someone to follow Dakmak to his Kumasi shop for the money.
On receipt of the products Dakmak told the sales manager that he was taking the lead to his shop because he had customers waiting there and that someone should be made to follow up for the money and shortly after Dakmak had left information came that all the three cheques had been dishonoured.
The sales manager then called Dakmak and informed him about the latest development but he apologised and gave the assurance that he was going to the bank to arrange for cash to settle all the ¢463.3 million.
That was the last time the plaintiff could hear about Dakmak and on May 4, 2007, his father showed up at the Accra office of the plaintiff and in the presence of some friends explained that he was responsible for his son’s inability to make good his indebtedness and that he was arranging to pay ¢200 million within 48 hours but that never was.
*Pix of Gazy Fattal Dakmak
ANOTHER UK EXPERT TESTIFIES IN COKE TRIAL
A DIGITAL and Magnetic Recording Consultant from the United Kingdom today told the Accra Fast Track High Court that there were no signs to suggest that the Compact Disc (CD) containing the recorded conversation on the missing 77 parcels of cocaine which took place in ACP Kofi Boakye’s house was edited or tampered with.
“There were no technical features to suggest it is edited”, Mr Philip Thomas Harrison, an independent forensic consultant with J. P. French and Associates said and added, however, that there could be possible reasons why the conversation might be edited because of an abrupt stop and restart of the conversation.
He said the analysis of the CD revealed that 14 seconds from its beginning, the recording was stopped and restarted thereafter to record the whole conversation, saying that he did not know what happened during the break.
Mr Harrison was testifying as the 10th prosecution witness in the case in which Kwabena Amaning alias Tagor and Alhaji Issah Abass are being tried for their role in the missing cocaine.
Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supplying narcotic drugs, while Alhaji Issah Abass faces two counts of conspiracy and supply of narcotic drugs.
They have pleaded not guilty to all the counts and have been refused bail by the court.
Kwabena Acheampong, Kwabena Amaning, Alhaji Issah Abass, Victor Kisseh, alias Yaw Billah, and Alhaji Moro Mohammed were earlier arraigned at the circuit court for allegedly dealing in narcotic drugs but the prosecution, on Wednesday, November 22, 2006, entered a nolle prosequi, resulting in their discharge.
However, fresh charges were preferred against Tagor and Abass, leading to their appearance at the Fast Track High Court.
According to Mr Harrison, he was responsible for the authenticity aspect of the recorded conversation and he was to determine whether it was edited or had been tampered with.
He said the conversation was recorded with an analogue cassette recorder with a micro cassette and later transferred on to a CD but was unedited although it was possible for experts to use modern equipment to edit conversations of such nature.
Explaining his findings that the conversation was not edited, the witness said there were no switching activities while there was also continuity in the conversation.
“It was a natural conversation and not one, which was staged, because of repetitions and interruptions in it”, he said.
During cross-examination by Nana Asante Bediatuo, one of the counsel for Tagor, the witness disagreed that the conversation captured a discussion on the last World Cup, which was played in Germany.
When counsel suggested to him that the conversation could be edited by an expert who had removed all the discontinuities and breaks, Mr Harrison replied that natural speech was different from scripted speech or play-acting in which someone directed proceedings.
“I find no signs to suggest that the CD was edited, however, there are possible reasons why the conversation might be edited because of an abrupt stop during the conversation. There were no technical features to suggest it is edited”, the witness emphasised.
When Mr Osafo Buaben, lead counsel for Abass suggested to the witness that the switch-on and off of the recorder was from one of the participants of the conversation, Mr Harrison replied that he was not aware of that.
The witness said he did not find any evidence of erasure on the CD.
Earlier, Prof John Peter French, who is a voice expert concluded his evidence under cross-examination by Mohammed Atta, one of the counsel for Abass, and said the unidentified male voice could belong to any of those who participated in the conversation.
He said no name was attributed to that voice because of the overlap of speeches and statements which were not clear at certain stages of the conversation.
According to Prof French, the majority of recordings that he had worked on were either recorded by undercover agents or the police but in the instant case he could not tell who did the recording.
“ It is difficult to say whether any of the participants did the recording”, he stated and disagreed with the counsel that the CD was edited because certain statements were incomplete.
He further disagreed with the counsel that all the incomplete statements in the conversation were attributed to three persons, namely, ACP Boakye, Tagor and Abass, and explained that that happened because Kwabena Acheampong and Alhaji Moro spoke very little.
Prof French said he did not come across the micro cassette which was used to record the conversation.
The next prosecution witness is Dr Kofi Agyekum of the University of Ghana who assisted the experts with the Twi linguistic aspects of the conversation.
“There were no technical features to suggest it is edited”, Mr Philip Thomas Harrison, an independent forensic consultant with J. P. French and Associates said and added, however, that there could be possible reasons why the conversation might be edited because of an abrupt stop and restart of the conversation.
He said the analysis of the CD revealed that 14 seconds from its beginning, the recording was stopped and restarted thereafter to record the whole conversation, saying that he did not know what happened during the break.
Mr Harrison was testifying as the 10th prosecution witness in the case in which Kwabena Amaning alias Tagor and Alhaji Issah Abass are being tried for their role in the missing cocaine.
Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supplying narcotic drugs, while Alhaji Issah Abass faces two counts of conspiracy and supply of narcotic drugs.
They have pleaded not guilty to all the counts and have been refused bail by the court.
Kwabena Acheampong, Kwabena Amaning, Alhaji Issah Abass, Victor Kisseh, alias Yaw Billah, and Alhaji Moro Mohammed were earlier arraigned at the circuit court for allegedly dealing in narcotic drugs but the prosecution, on Wednesday, November 22, 2006, entered a nolle prosequi, resulting in their discharge.
However, fresh charges were preferred against Tagor and Abass, leading to their appearance at the Fast Track High Court.
According to Mr Harrison, he was responsible for the authenticity aspect of the recorded conversation and he was to determine whether it was edited or had been tampered with.
He said the conversation was recorded with an analogue cassette recorder with a micro cassette and later transferred on to a CD but was unedited although it was possible for experts to use modern equipment to edit conversations of such nature.
Explaining his findings that the conversation was not edited, the witness said there were no switching activities while there was also continuity in the conversation.
“It was a natural conversation and not one, which was staged, because of repetitions and interruptions in it”, he said.
During cross-examination by Nana Asante Bediatuo, one of the counsel for Tagor, the witness disagreed that the conversation captured a discussion on the last World Cup, which was played in Germany.
When counsel suggested to him that the conversation could be edited by an expert who had removed all the discontinuities and breaks, Mr Harrison replied that natural speech was different from scripted speech or play-acting in which someone directed proceedings.
“I find no signs to suggest that the CD was edited, however, there are possible reasons why the conversation might be edited because of an abrupt stop during the conversation. There were no technical features to suggest it is edited”, the witness emphasised.
When Mr Osafo Buaben, lead counsel for Abass suggested to the witness that the switch-on and off of the recorder was from one of the participants of the conversation, Mr Harrison replied that he was not aware of that.
The witness said he did not find any evidence of erasure on the CD.
Earlier, Prof John Peter French, who is a voice expert concluded his evidence under cross-examination by Mohammed Atta, one of the counsel for Abass, and said the unidentified male voice could belong to any of those who participated in the conversation.
He said no name was attributed to that voice because of the overlap of speeches and statements which were not clear at certain stages of the conversation.
According to Prof French, the majority of recordings that he had worked on were either recorded by undercover agents or the police but in the instant case he could not tell who did the recording.
“ It is difficult to say whether any of the participants did the recording”, he stated and disagreed with the counsel that the CD was edited because certain statements were incomplete.
He further disagreed with the counsel that all the incomplete statements in the conversation were attributed to three persons, namely, ACP Boakye, Tagor and Abass, and explained that that happened because Kwabena Acheampong and Alhaji Moro spoke very little.
Prof French said he did not come across the micro cassette which was used to record the conversation.
The next prosecution witness is Dr Kofi Agyekum of the University of Ghana who assisted the experts with the Twi linguistic aspects of the conversation.
TEN COPS ON COKE TRIAL
TEN policemen appeared before an Accra circuit court on charges relating to the supply of narcotic drugs, stealing narcotic drugs and abetment of crime in prohibited business relating to narcotics.
Two of the accused persons, Sergeant Francis Arthur and Lance Corporal George Akoi, were each granted bail in the sum of ¢300 million with a surety to be justified, while the rest were remanded.
The other policemen are Constable Ekow Russel of the Accra Regional Police Headquarters, Lance Corporal Isaac Annan, Lance Corporal Dominic Ameza, Constable Collins Ohemeng, Inspector Oppong Kyei, the Station Officer of the Monitors Unit of the Accra Region, and Lance Corporal Tony Adjei.
An accomplice in the first case involving the eight policemen, Maxwell Antwi, a car dealer, was also remanded to reappear with the policemen on May 29, 2007, while the two other policemen, namely, Lance Corporals Samuel Bismark Osae and Frank Acquah, will reappear on June 1, 2007.
Antwi pleaded not guilty to one count of possessing narcotic drugs without authority, while Constable Russel pleaded not guilty to one count of supplying narcotic drugs without authority.
The other policemen pleaded not guilty to abetment of crime in prohibited business relating to narcotic drugs.
In the case of Lance Corporals Osae and Acquah, their pleas were not taken. They face a count each of stealing cocaine worth $54,000.
Prosecuting, Deputy Superintendent of Police (DSP) Kofi Abraham told the court that on March 27, 2007, personnel from the Organised Crime Unit of the Criminal Investigations Department (CID) of the Ghana Police Service Headquarters arrested Antwi with cocaine and, during interrogation, he mentioned Constable Russel as his source of supply.
He said on his arrest, Constable Russel admitted the offence and stated that the cocaine had been taken from certain Nigerian dealers in Tema on January 16, 2007.
Constable Russel said when the Nigerians, Sebastian Uba and Matthew Nkumado, were arrested by a team comprising the other accused persons, eight slabs of the substance were seized but only one slab was delivered to the office to make a case against the dealers.
DSP Abraham said on January 31, 2007, Uba mysteriously escaped from Constable Russel when he had been instructed to bring the Nigerian from the La Police Station to the Regional Police Headquarters.
He said Antwi was given the rest of the cocaine to sell and it was during the sale that he was arrested and the rest were also arrested.
In the case of Lance Corporals Osae and Acquah, they were said to have recorded in the diary of action that on April 15, 2007, they had gone to effect the arrest of some cocaine suspects at North Kaneshie in Accra but the suspects fled on seeing them and left behind one parcel of cocaine.
However, on April 24, 2007, information got to the CID Headquarters that on that day the policemen actually arrested Michael Tettey Tetteh in a house at Fadama, also in Accra, and collected four parcels of the cocaine.
It was established that the arrest took place at Fadama and not North Kaneshie, while the parcels collected were four and not one, as declared by the suspects.
Two of the accused persons, Sergeant Francis Arthur and Lance Corporal George Akoi, were each granted bail in the sum of ¢300 million with a surety to be justified, while the rest were remanded.
The other policemen are Constable Ekow Russel of the Accra Regional Police Headquarters, Lance Corporal Isaac Annan, Lance Corporal Dominic Ameza, Constable Collins Ohemeng, Inspector Oppong Kyei, the Station Officer of the Monitors Unit of the Accra Region, and Lance Corporal Tony Adjei.
An accomplice in the first case involving the eight policemen, Maxwell Antwi, a car dealer, was also remanded to reappear with the policemen on May 29, 2007, while the two other policemen, namely, Lance Corporals Samuel Bismark Osae and Frank Acquah, will reappear on June 1, 2007.
Antwi pleaded not guilty to one count of possessing narcotic drugs without authority, while Constable Russel pleaded not guilty to one count of supplying narcotic drugs without authority.
The other policemen pleaded not guilty to abetment of crime in prohibited business relating to narcotic drugs.
In the case of Lance Corporals Osae and Acquah, their pleas were not taken. They face a count each of stealing cocaine worth $54,000.
Prosecuting, Deputy Superintendent of Police (DSP) Kofi Abraham told the court that on March 27, 2007, personnel from the Organised Crime Unit of the Criminal Investigations Department (CID) of the Ghana Police Service Headquarters arrested Antwi with cocaine and, during interrogation, he mentioned Constable Russel as his source of supply.
He said on his arrest, Constable Russel admitted the offence and stated that the cocaine had been taken from certain Nigerian dealers in Tema on January 16, 2007.
Constable Russel said when the Nigerians, Sebastian Uba and Matthew Nkumado, were arrested by a team comprising the other accused persons, eight slabs of the substance were seized but only one slab was delivered to the office to make a case against the dealers.
DSP Abraham said on January 31, 2007, Uba mysteriously escaped from Constable Russel when he had been instructed to bring the Nigerian from the La Police Station to the Regional Police Headquarters.
He said Antwi was given the rest of the cocaine to sell and it was during the sale that he was arrested and the rest were also arrested.
In the case of Lance Corporals Osae and Acquah, they were said to have recorded in the diary of action that on April 15, 2007, they had gone to effect the arrest of some cocaine suspects at North Kaneshie in Accra but the suspects fled on seeing them and left behind one parcel of cocaine.
However, on April 24, 2007, information got to the CID Headquarters that on that day the policemen actually arrested Michael Tettey Tetteh in a house at Fadama, also in Accra, and collected four parcels of the cocaine.
It was established that the arrest took place at Fadama and not North Kaneshie, while the parcels collected were four and not one, as declared by the suspects.
COMPACT DISC ON COKE CASE CAUSES STIR IN COURT
THE compact disc (CD) containing the recorded conversation on the missing 77 parcels of cocaine which took place in ACP Kofi Boakye’s house caused another stir at the Fast Track High Court when a voice expert flown in from London told the court that the CD he worked on was different from the one in evidence.
The controversy, which was later resolved with the playing of the CD, unfolded when the expert, Professor John Peter French, was given a CD to identify whether it was the one he had been given to work on.
Prof French was testifying as the ninth prosecution witness in the case in which Kwabena Amaning, alias Tagor, and Alhaji Issah Abass are being tried for their role in the missing cocaine.
Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supplying narcotic drugs, while Alhaji Issah Abass faces two counts of conspiracy and supply of narcotic drugs.
They have pleaded not guilty to all the counts and have been refused bail by the court.
Kwabena Acheampong, Tagor, Alhaji Abass, Victor Kisseh, alias Yaw Billah, and Alhaji Moro Mohammed were earlier arraigned at the circuit court for allegedly dealing in narcotic drugs but the prosecution, on Wednesday, November 22, 2006, entered a nolle prosequi, resulting in their discharge.
However, fresh charges were preferred against Tagor and Abass, leading to their appearance at the Fast Track High Court.
After examining the CD, Prof French said the CD he worked on was different from the one in evidence but had similar markings and stated that he had a photograph of the original CD on a laptop computer.
He explained that he could identify the CD he worked on by either examining it or through its content.
“The CD I worked on has the marking K’B written with a green pen and it is 700 MB, with the markings bigger, while the other CD is 650 MB with markings in green pen,” he said.
Following that, Mr Edward Agyemang Duodu, a Principal State Attorney, who led the witness, wanted to have the CD played to the witness to enable him to identify it but counsel for Tagor, Mr Ellis Owusu-Fordjour, objected and argued that the witness had made it clear that the two CDs were different.
However, the court, presided over by Mr Justice Jones Dotse, an Appeal Court judge sitting with additional responsibility as a High Court judge, overruled the objection and said there was no doubt that the CD was not what the witness worked on and that he would authenticate it by listening to its content.
“One of the two methods mentioned by the witness has proved that the CD he examined is not the one he worked on and in order to be fair to all let us try the second method by playing the CD,” the judge ruled.
At that stage the court suspended sitting for about 35 minutes for technicians to sort out the CD which could not be played in a machine at the court. It was later played on the laptop of the witness for a duration of one hour and two minutes, during which the witness, who had testified in court more than 200 times in many countries, occasionally peered at his own timer while he checked with a transcripted version on his laps.
After the CD had been played, the witness confirmed that it was the CD he had been given to work on.
Similarly, Prof French linked two of the secret voice recordings to the accused persons, after he had identified all five CDs containing the secret voice recording of those who participated in the conversation in ACP Boakye’s house.
In a background as to how he came to be associated with the CD, the witness said on September 5, last year, he met the Attorney-General in London and was given instructions to assist in identifying the voices of some people suspected to have engaged in cocaine business in a conversation.
He said the names of the participants were mentioned to him and as his terms of reference he was to find out whether the conversation had been edited or not, identify the speakers and compare their voices, among other things.
The witness said after receiving the CD of the conversation and an accompanying transcript, he needed a local linguist to assist him, since the conversation was basically in Twi and English.
Therefore, he said, he searched on the Internet and contacted various universities but the Attorney-General made Dr Kofi Agyekum of the University of Ghana available and said since people could vary their natural voices, he requested that a secret recording of those who participated in the conversation should be made.
Prof French said he had done similar work for the UN Court for War Crimes in The Hague when the former Yugoslavian President, the late Slobadan Milosovic, was on trial and when the Prince Harry Exam case in the United Kingdom came up.
The controversy, which was later resolved with the playing of the CD, unfolded when the expert, Professor John Peter French, was given a CD to identify whether it was the one he had been given to work on.
Prof French was testifying as the ninth prosecution witness in the case in which Kwabena Amaning, alias Tagor, and Alhaji Issah Abass are being tried for their role in the missing cocaine.
Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supplying narcotic drugs, while Alhaji Issah Abass faces two counts of conspiracy and supply of narcotic drugs.
They have pleaded not guilty to all the counts and have been refused bail by the court.
Kwabena Acheampong, Tagor, Alhaji Abass, Victor Kisseh, alias Yaw Billah, and Alhaji Moro Mohammed were earlier arraigned at the circuit court for allegedly dealing in narcotic drugs but the prosecution, on Wednesday, November 22, 2006, entered a nolle prosequi, resulting in their discharge.
However, fresh charges were preferred against Tagor and Abass, leading to their appearance at the Fast Track High Court.
After examining the CD, Prof French said the CD he worked on was different from the one in evidence but had similar markings and stated that he had a photograph of the original CD on a laptop computer.
He explained that he could identify the CD he worked on by either examining it or through its content.
“The CD I worked on has the marking K’B written with a green pen and it is 700 MB, with the markings bigger, while the other CD is 650 MB with markings in green pen,” he said.
Following that, Mr Edward Agyemang Duodu, a Principal State Attorney, who led the witness, wanted to have the CD played to the witness to enable him to identify it but counsel for Tagor, Mr Ellis Owusu-Fordjour, objected and argued that the witness had made it clear that the two CDs were different.
However, the court, presided over by Mr Justice Jones Dotse, an Appeal Court judge sitting with additional responsibility as a High Court judge, overruled the objection and said there was no doubt that the CD was not what the witness worked on and that he would authenticate it by listening to its content.
“One of the two methods mentioned by the witness has proved that the CD he examined is not the one he worked on and in order to be fair to all let us try the second method by playing the CD,” the judge ruled.
At that stage the court suspended sitting for about 35 minutes for technicians to sort out the CD which could not be played in a machine at the court. It was later played on the laptop of the witness for a duration of one hour and two minutes, during which the witness, who had testified in court more than 200 times in many countries, occasionally peered at his own timer while he checked with a transcripted version on his laps.
After the CD had been played, the witness confirmed that it was the CD he had been given to work on.
Similarly, Prof French linked two of the secret voice recordings to the accused persons, after he had identified all five CDs containing the secret voice recording of those who participated in the conversation in ACP Boakye’s house.
In a background as to how he came to be associated with the CD, the witness said on September 5, last year, he met the Attorney-General in London and was given instructions to assist in identifying the voices of some people suspected to have engaged in cocaine business in a conversation.
He said the names of the participants were mentioned to him and as his terms of reference he was to find out whether the conversation had been edited or not, identify the speakers and compare their voices, among other things.
The witness said after receiving the CD of the conversation and an accompanying transcript, he needed a local linguist to assist him, since the conversation was basically in Twi and English.
Therefore, he said, he searched on the Internet and contacted various universities but the Attorney-General made Dr Kofi Agyekum of the University of Ghana available and said since people could vary their natural voices, he requested that a secret recording of those who participated in the conversation should be made.
Prof French said he had done similar work for the UN Court for War Crimes in The Hague when the former Yugoslavian President, the late Slobadan Milosovic, was on trial and when the Prince Harry Exam case in the United Kingdom came up.
BRITISH VOICE EXPERT TESTIFIES IN COKE CASE
AN unidentified male took part in the recorded conversation on the missing 77 parcels of cocaine which took place in ACP Kofi Boakye’s house, Professor John Peter French told the Accra Fast Track High Court.
He said if the voice of the unidentified person was that of any of the five persons whose names he knew, he would have attributed it.
Testifying under cross-examination from, Mr Ellis Owusu-Fordjour, counsel for Kwabena Amaning, alias Tagor, one of the two persons being tried in connection with the missing cocaine, the witness, a voice and speech expert who was flown in from London at the instance of the prosecution, stated that he was unable to attribute a name to that voice.
Prof French was testifying as the ninth prosecution witness in the case in which Tagor and Alhaji Issah Abass are being tried for their role in the missing cocaine.
Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supplying narcotic drugs, while Alhaji Issah Abass faces two counts of conspiracy and supply of narcotic drugs.
They have pleaded not guilty to all the counts and have been refused bail by the court.
Kwabena Acheampong, Kwabena Amaning, Alhaji Issah Abass, Victor Kisseh, alias Yaw Billah, and Alhaji Moro Mohammed were earlier arraigned at the circuit court for allegedly dealing in narcotic drugs but the prosecution, on Wednesday, November 22, 2006, entered a nolle prosequi, resulting in their discharge.
However, fresh charges were preferred against Tagor and Abass, leading to their appearance at the Fast Track High Court.
According to Prof French, during the conversation certain utterances could not be attributed to any one person, adding, however, that the conversation was a natural one which took place at the volition of the participants.
He explained that certain factors, such as noise, the distance from the microphone and other insufficient material, contributed to his inability to attribute those utterances.
The witness disagreed with counsel that there was sufficient material to enable him to attribute the unidentified person who participated in the conversation because those utterances were clear.
He also disagreed that the unidentified person played the role of a provocateur and baited the other participants to speak, saying, “I did not get that impression.”
Prof French said he was able to attribute voices because the names of those who participated in the conversation had been given to him to facilitate his work.
According to him, he would not have worked on the recorded conversation if the secret voice recording of the participants had been made under duress. In the case of Tagor he said he had been told that it was made while the accused person was in prison.
He said he had the opportunity to look at the transcript of the Justice Georgina Wood Committee on the recorded conversation, as well as that of a radio broadcast, but it was not as authentic as the compact disc (CD) which was given to him to work on.
He admitted that certain portions of the conversation were inaudible, that he was not sure of some of the exact words used and added that most of the inaudible statements were those made by the unidentified conversationalist.
The witness reiterated the conclusion of the report that the conversation was not play-acted and also stated that it was difficult to say whether it was the participants of the conversation who recorded it or not.
He said although at certain stages of the conversation ACP Boakye and Kwabena Acheampong sounded louder, it was still difficult to speculate that any of the participants recorded the conversation for his own purpose.
When a member of Tagor’s legal team, Mr Gabby Asare Otchere-Darko, cross-examined the witness, he admitted that there were inherent problems in analysing a recorded conversation in a language one was not familiar with.
In a related development, Detective Inspector Justice Oppong concluded his evidence at the Accra Fast Track High Court in the trial of the six persons in connection with the missing cocaine on board the MV Benjamin.
The owner of the vessel, Joseph Kojo Dawson; Pak Bok Sil, a Korean; Isaac Arhin and Philip Bruce Arhin, both Ghanaians, and Cui Xian Li and Luo Yin Xing, both Chinese, are alleged to have played various roles leading to the importation of 77 parcels of cocaine, each weighing 30 kilogrammes, into the country.
They have been charged with various counts of using property for narcotic offences, engaging in prohibited business relating to narcotics and possession of narcotic drugs without lawful authority.
Each of them has pleaded not guilty to all the charges and have been remanded into prison custody.
He said if the voice of the unidentified person was that of any of the five persons whose names he knew, he would have attributed it.
Testifying under cross-examination from, Mr Ellis Owusu-Fordjour, counsel for Kwabena Amaning, alias Tagor, one of the two persons being tried in connection with the missing cocaine, the witness, a voice and speech expert who was flown in from London at the instance of the prosecution, stated that he was unable to attribute a name to that voice.
Prof French was testifying as the ninth prosecution witness in the case in which Tagor and Alhaji Issah Abass are being tried for their role in the missing cocaine.
Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supplying narcotic drugs, while Alhaji Issah Abass faces two counts of conspiracy and supply of narcotic drugs.
They have pleaded not guilty to all the counts and have been refused bail by the court.
Kwabena Acheampong, Kwabena Amaning, Alhaji Issah Abass, Victor Kisseh, alias Yaw Billah, and Alhaji Moro Mohammed were earlier arraigned at the circuit court for allegedly dealing in narcotic drugs but the prosecution, on Wednesday, November 22, 2006, entered a nolle prosequi, resulting in their discharge.
However, fresh charges were preferred against Tagor and Abass, leading to their appearance at the Fast Track High Court.
According to Prof French, during the conversation certain utterances could not be attributed to any one person, adding, however, that the conversation was a natural one which took place at the volition of the participants.
He explained that certain factors, such as noise, the distance from the microphone and other insufficient material, contributed to his inability to attribute those utterances.
The witness disagreed with counsel that there was sufficient material to enable him to attribute the unidentified person who participated in the conversation because those utterances were clear.
He also disagreed that the unidentified person played the role of a provocateur and baited the other participants to speak, saying, “I did not get that impression.”
Prof French said he was able to attribute voices because the names of those who participated in the conversation had been given to him to facilitate his work.
According to him, he would not have worked on the recorded conversation if the secret voice recording of the participants had been made under duress. In the case of Tagor he said he had been told that it was made while the accused person was in prison.
He said he had the opportunity to look at the transcript of the Justice Georgina Wood Committee on the recorded conversation, as well as that of a radio broadcast, but it was not as authentic as the compact disc (CD) which was given to him to work on.
He admitted that certain portions of the conversation were inaudible, that he was not sure of some of the exact words used and added that most of the inaudible statements were those made by the unidentified conversationalist.
The witness reiterated the conclusion of the report that the conversation was not play-acted and also stated that it was difficult to say whether it was the participants of the conversation who recorded it or not.
He said although at certain stages of the conversation ACP Boakye and Kwabena Acheampong sounded louder, it was still difficult to speculate that any of the participants recorded the conversation for his own purpose.
When a member of Tagor’s legal team, Mr Gabby Asare Otchere-Darko, cross-examined the witness, he admitted that there were inherent problems in analysing a recorded conversation in a language one was not familiar with.
In a related development, Detective Inspector Justice Oppong concluded his evidence at the Accra Fast Track High Court in the trial of the six persons in connection with the missing cocaine on board the MV Benjamin.
The owner of the vessel, Joseph Kojo Dawson; Pak Bok Sil, a Korean; Isaac Arhin and Philip Bruce Arhin, both Ghanaians, and Cui Xian Li and Luo Yin Xing, both Chinese, are alleged to have played various roles leading to the importation of 77 parcels of cocaine, each weighing 30 kilogrammes, into the country.
They have been charged with various counts of using property for narcotic offences, engaging in prohibited business relating to narcotics and possession of narcotic drugs without lawful authority.
Each of them has pleaded not guilty to all the charges and have been remanded into prison custody.
Tuesday, May 15, 2007
TEN COPS ON COKE TRIAL
TEN policemen today appeared before an Accra circuit court on charges relating to the supply of narcotic drugs, stealing narcotic drugs and abetment of crime in prohibited business relating to narcotics.
Two of the accused persons, Sergeant Francis Arthur and Lance Corporal George Akoi, were each granted bail in the sum of ¢300 million with a surety to be justified while the rest were remanded.
The other policemen are Constable Ekow Russel of the Regional Headquarters, Lance Corporal Isaac Annan, Lance Corporal Dominic Ameza, Constable Collins Ohemeng, Inspector Oppong Kyei, Station Officer of the Monitors Unit of the Accra Region and Lance Corporal Tony Adjei.
An accomplice in the first case involving the eight policemen, Maxwell Antwi, a car dealer, was also remanded to reappear with the policemen on May 29, 2007 while the two other policemen, namely, Lance Corporals Samuel Bismark Osae and Frank Acquah will reappear on June 1, 2007.
Antwi pleaded not guilty to one count of possessing narcotic drugs without authority while Constable Russel pleaded not guilty to one count of supplying narcotic drugs without authority.
The other policemen pleaded not guilty to abtement of crime in prohibited business relating to narcotic drugs.
In the case of Lance Corporals Osae and Acquah, their pleas were not taken and they face a count each of stealing cocaine worth $54,000.
Prosecuting Deputy Superintendent of Police (DSP) Kofi Abraham told the court that on March 27, 2007, personnel from the Organised Crime Unit of the Criminal Investigations Department of the Ghana Police Service Headquarters arrested Antwi with cocaine and during interrogation, he mentioned Constable Russel as his source of supply.
He said on his arrest Constable Russel admitted the offence and stated that the cocaine was taken from certain Nigerians dealers in Tema on January 16, 2007.
Constable Russel said when the Nigerians, Sebastian Uba and Matthew Nkumado were arrested by a team comprising the other accused persons, eight slabs of the substance were seized but only one slab was delivered to the office to make a case against the dealers.
DSP Abraham said on January 31, 2007, Uba mysteriously escaped from Constable Russel when he was instructed to bring the Nigerian from the La police station to the regional police headquarters.
He said Antwi was given the rest of the cocaine to sell and it was during the sale that he was arrested and the rest were also arrested.
In the case of Lance Corporals Osae and Acquah, they were said to have recorded in the diary of action that on April 15, 2007, they went to effect the arrest of some cocaine suspects at North Kaneshie in Accra but the suspects fled on seeing them and left behind one parcel of cocaine.
However, on April 24, 2007, information got to the CID Headquarters that on that they the policemen actually arrested Michael Tettey Tetteh in a house at Fadama also in Accra and collected four parcels of the cocaine.
It was established that the arrest took place at Fadama and not North Kaneshie while the total parcels collected were four and not the one declared by the suspects.
Two of the accused persons, Sergeant Francis Arthur and Lance Corporal George Akoi, were each granted bail in the sum of ¢300 million with a surety to be justified while the rest were remanded.
The other policemen are Constable Ekow Russel of the Regional Headquarters, Lance Corporal Isaac Annan, Lance Corporal Dominic Ameza, Constable Collins Ohemeng, Inspector Oppong Kyei, Station Officer of the Monitors Unit of the Accra Region and Lance Corporal Tony Adjei.
An accomplice in the first case involving the eight policemen, Maxwell Antwi, a car dealer, was also remanded to reappear with the policemen on May 29, 2007 while the two other policemen, namely, Lance Corporals Samuel Bismark Osae and Frank Acquah will reappear on June 1, 2007.
Antwi pleaded not guilty to one count of possessing narcotic drugs without authority while Constable Russel pleaded not guilty to one count of supplying narcotic drugs without authority.
The other policemen pleaded not guilty to abtement of crime in prohibited business relating to narcotic drugs.
In the case of Lance Corporals Osae and Acquah, their pleas were not taken and they face a count each of stealing cocaine worth $54,000.
Prosecuting Deputy Superintendent of Police (DSP) Kofi Abraham told the court that on March 27, 2007, personnel from the Organised Crime Unit of the Criminal Investigations Department of the Ghana Police Service Headquarters arrested Antwi with cocaine and during interrogation, he mentioned Constable Russel as his source of supply.
He said on his arrest Constable Russel admitted the offence and stated that the cocaine was taken from certain Nigerians dealers in Tema on January 16, 2007.
Constable Russel said when the Nigerians, Sebastian Uba and Matthew Nkumado were arrested by a team comprising the other accused persons, eight slabs of the substance were seized but only one slab was delivered to the office to make a case against the dealers.
DSP Abraham said on January 31, 2007, Uba mysteriously escaped from Constable Russel when he was instructed to bring the Nigerian from the La police station to the regional police headquarters.
He said Antwi was given the rest of the cocaine to sell and it was during the sale that he was arrested and the rest were also arrested.
In the case of Lance Corporals Osae and Acquah, they were said to have recorded in the diary of action that on April 15, 2007, they went to effect the arrest of some cocaine suspects at North Kaneshie in Accra but the suspects fled on seeing them and left behind one parcel of cocaine.
However, on April 24, 2007, information got to the CID Headquarters that on that they the policemen actually arrested Michael Tettey Tetteh in a house at Fadama also in Accra and collected four parcels of the cocaine.
It was established that the arrest took place at Fadama and not North Kaneshie while the total parcels collected were four and not the one declared by the suspects.
COMPACT DISC CAUSES STIR AT COKE TRIAL
THE Compact Disc (CD) containing the recorded conversation which took place in the house of ACP Kofi Boakye on the missing 77 parcels of cocaine caused another stir at the Fast Track High Court today when a voice expert flown in from London told the court that the CD he worked on was different from the one in evidence.
The controversy, which was later resolved with the playing of the CD, unfolded when the expert, Professor John Peter French, was given a CD to identify whether it was the one he was given to work on.
Prof French was testifying as the 9th prosecution witness in the case in which Kwabena Amaning, alias Tagor and Alhaji Issah Abass are being tried for their role in the missing cocaine.
Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supplying narcotic drugs, while Alhaji Issah Abass faces two counts of conspiracy and supply of narcotic drugs.
They have pleaded not guilty to all the counts and have been refused bail by the court.
Kwabena Acheampong, Tagor, Alhaji Abass, Victor Kisseh, alias Yaw Billah, and Alhaji Moro Mohammed were earlier arraigned at the circuit court for allegedly dealing in narcotic drugs but the prosecution, on Wednesday, November 22, 2006, entered a nolle prosequi, resulting in their discharge.
However, fresh charges were preferred against Tagor and Abbas, leading to their appearance at the Fast Track High Court.
After examining the CD, Prof French said the CD he worked on was different from the one in evidence but had similar markings and stated that he had a photograph of the original CD on a laptop computer .
He explained that he could identify the CD he worked on by either examining it or through its content.
“The CD I worked on has the marking K’B written with a green pen and it is 700 MB with the marking bigger while the other CD is 650 MB with marking in green pen”, he said.
Following that Mr Edward Agyemang Duodu, a principal state attorney, who led the witness wanted to have the CD played to the witness to enable him to identify it but counsel for Tagor, Mr Ellis Owusu-Fordjour objected and argued that the witness made it clear that the two CDs were different.
However, the court, presided over by Mr Justice Jones Dotse, an Appeal Court judge sitting with additional responsibility as a High Court judge, overruled the objection and said there was no doubt that the CD was not what the witness worked on and that he would authenticate by listening to its content.
“One of the two methods mentioned by the witness had proved that the CD he examined is not the one he worked on and in order to be fair to all let us try the second method by playing the CD”, the judge ruled.
At that stage the court suspended sitting for about 35 minutes for technicians to sort out the CD which could not be played in a machine at the court. It was later played on the laptop of the witness for a duration of one hour and two minutes during which the witness, who had testified in court for over 200 times in many countries, peered at his own timer and checked with a transcripted version on his laps.
After the CD had been played the witness confirmed it was the CD he was given to work on.
Similarly, Prof French identified two of the secret voice recordings to the accused persons after he identified all five CDs containing the secret voice recording of those who participated in the conversation in ACP Boakye’s house.
In a background to how he came to be associated with the CD, the witness said on September 5, last year he met the Attorney-General in London and was given instructions to assist in identifying the voices of some people suspected to have engaged in cocaine business in a conversation.
He said that the names of the participants were mentioned to him and as his term of reference he was to find out whether the conversation was edited or not and also identify the speakers and compare their voices, among other things.
The witness said after receiving the CD of the conversation and an accompanying transcript he needed a local linguist to assist him since the conversation was basically in Twi and English.
Therefore, he said, he searched on the internet and contacted various universities but the Attorney-General made Dr Kofi Agyekum of the University of Ghana available and since peopel could vary their natural voices, he requested that a secret recording of those who participated in the conversation should be made.
Prof French said he had done similar work for the UN Court for War Crimes in the Hague when the former Yugoslavia President, the late Slobadan Milosovic was on trial and when the Prince Harry Exam case in the United Kingdom came up.
The controversy, which was later resolved with the playing of the CD, unfolded when the expert, Professor John Peter French, was given a CD to identify whether it was the one he was given to work on.
Prof French was testifying as the 9th prosecution witness in the case in which Kwabena Amaning, alias Tagor and Alhaji Issah Abass are being tried for their role in the missing cocaine.
Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supplying narcotic drugs, while Alhaji Issah Abass faces two counts of conspiracy and supply of narcotic drugs.
They have pleaded not guilty to all the counts and have been refused bail by the court.
Kwabena Acheampong, Tagor, Alhaji Abass, Victor Kisseh, alias Yaw Billah, and Alhaji Moro Mohammed were earlier arraigned at the circuit court for allegedly dealing in narcotic drugs but the prosecution, on Wednesday, November 22, 2006, entered a nolle prosequi, resulting in their discharge.
However, fresh charges were preferred against Tagor and Abbas, leading to their appearance at the Fast Track High Court.
After examining the CD, Prof French said the CD he worked on was different from the one in evidence but had similar markings and stated that he had a photograph of the original CD on a laptop computer .
He explained that he could identify the CD he worked on by either examining it or through its content.
“The CD I worked on has the marking K’B written with a green pen and it is 700 MB with the marking bigger while the other CD is 650 MB with marking in green pen”, he said.
Following that Mr Edward Agyemang Duodu, a principal state attorney, who led the witness wanted to have the CD played to the witness to enable him to identify it but counsel for Tagor, Mr Ellis Owusu-Fordjour objected and argued that the witness made it clear that the two CDs were different.
However, the court, presided over by Mr Justice Jones Dotse, an Appeal Court judge sitting with additional responsibility as a High Court judge, overruled the objection and said there was no doubt that the CD was not what the witness worked on and that he would authenticate by listening to its content.
“One of the two methods mentioned by the witness had proved that the CD he examined is not the one he worked on and in order to be fair to all let us try the second method by playing the CD”, the judge ruled.
At that stage the court suspended sitting for about 35 minutes for technicians to sort out the CD which could not be played in a machine at the court. It was later played on the laptop of the witness for a duration of one hour and two minutes during which the witness, who had testified in court for over 200 times in many countries, peered at his own timer and checked with a transcripted version on his laps.
After the CD had been played the witness confirmed it was the CD he was given to work on.
Similarly, Prof French identified two of the secret voice recordings to the accused persons after he identified all five CDs containing the secret voice recording of those who participated in the conversation in ACP Boakye’s house.
In a background to how he came to be associated with the CD, the witness said on September 5, last year he met the Attorney-General in London and was given instructions to assist in identifying the voices of some people suspected to have engaged in cocaine business in a conversation.
He said that the names of the participants were mentioned to him and as his term of reference he was to find out whether the conversation was edited or not and also identify the speakers and compare their voices, among other things.
The witness said after receiving the CD of the conversation and an accompanying transcript he needed a local linguist to assist him since the conversation was basically in Twi and English.
Therefore, he said, he searched on the internet and contacted various universities but the Attorney-General made Dr Kofi Agyekum of the University of Ghana available and since peopel could vary their natural voices, he requested that a secret recording of those who participated in the conversation should be made.
Prof French said he had done similar work for the UN Court for War Crimes in the Hague when the former Yugoslavia President, the late Slobadan Milosovic was on trial and when the Prince Harry Exam case in the United Kingdom came up.
COPYRIGHT SOCIETY SUES FOUR
THE Copyright Society of Ghana (COSGA) has filed at suit at the Accra Fast Track High Court against Carlos Sakyi, a musician and three organisations, including Metro TV, for damages and an order to restrain them from printing, publishing or circulating a study they conducted on the Ghanaian music industry because it was defamatory.
According to COSGA, Metro TV and Optimum Media with funding from BUSAC Funds had published a document titled "Metro TV/BUSAC Project comparative study on the music industries of Ghana and South Africa".
On page 10 of that document, the plaintiff said the defendants purporting to assign reasons for the decline of the music industry in Ghana falsely and maliciously wrote, printed and published that "lack of accountability and transparency in operations of Copyright Society of Ghana, especially its flawed royalty distribution system that has deprived copyright owners of musical works of billions of cedis".
COSGA said, by those words, the defendants meant and were understood to mean that it was administering the rights of its members fraudulently and dishonestly and further meant that billions of cedis meant for COSGA members had been diverted.
The other defendants are BUSAC Funds, a non-governmental funding agency and Optimum Media Prime, a media company.
In its statement of claim, COSGA said Sakyi and Metro TV had for sometime now pursued an agenda of undermining its operations and that Metro TV had on several occasions opened its station to Sakyi to make wild and unfounded allegations against it with a view to creating disaffection among its rights holders.
It said Sakyi had on several occasions also used other radio stations and TV stations to attack the integrity of COSGA, its processes and operations to further their agenda.
"The words written, printed and published by the defendants also charges the plaintiff with incompetence and that the plaintiffs' members would be better off without the plaintiff", the statement said.
The plaintiff said its corporate character, credit and reputation had been greatly injured by reason of the defendant's action while they threaten and intended to continue the publication of those libellous statements on TV and radio.
According to COSGA, Metro TV and Optimum Media with funding from BUSAC Funds had published a document titled "Metro TV/BUSAC Project comparative study on the music industries of Ghana and South Africa".
On page 10 of that document, the plaintiff said the defendants purporting to assign reasons for the decline of the music industry in Ghana falsely and maliciously wrote, printed and published that "lack of accountability and transparency in operations of Copyright Society of Ghana, especially its flawed royalty distribution system that has deprived copyright owners of musical works of billions of cedis".
COSGA said, by those words, the defendants meant and were understood to mean that it was administering the rights of its members fraudulently and dishonestly and further meant that billions of cedis meant for COSGA members had been diverted.
The other defendants are BUSAC Funds, a non-governmental funding agency and Optimum Media Prime, a media company.
In its statement of claim, COSGA said Sakyi and Metro TV had for sometime now pursued an agenda of undermining its operations and that Metro TV had on several occasions opened its station to Sakyi to make wild and unfounded allegations against it with a view to creating disaffection among its rights holders.
It said Sakyi had on several occasions also used other radio stations and TV stations to attack the integrity of COSGA, its processes and operations to further their agenda.
"The words written, printed and published by the defendants also charges the plaintiff with incompetence and that the plaintiffs' members would be better off without the plaintiff", the statement said.
The plaintiff said its corporate character, credit and reputation had been greatly injured by reason of the defendant's action while they threaten and intended to continue the publication of those libellous statements on TV and radio.
SHAREHOLDER SUES SSNIT OVER HOTEL SALE
A shareholder in Golden Beach Hotels (Ghana) Limited has sued the Social Security and National Insurance Trust (SSNIT) at the Accra Fast Track High Court seeking to stop the Trust from selling La Palm Royal Beach Hotel.
Rexol International Limited, which owns 30 per cent shares in the hotel, is further seeking a declaration that the recovery of $8,649,937.53 from La Palm Beach Limited or the sale of La Palm Royal Beach Hotel was contrary to the guarantee agreement executed by SSNIT and the company on February 25, 1999 and that by virtue of the joint venture agreement and the contract of indemnity executed in 1999, all debts of the hotel, including a loan of $5.5 million from the Merchant Bank, were deferred, transferred and absorbed by Golden Beach Hotels Limited.
It is also seeking an order to set aside the purported Deed of Mortgage and Fixed Charge executed between SSNIT and La Palm Beach Limited, dated December 22, 1999, because it was in breach of the Memorandum of Deposit of Title Deeds executed between them, dated February 25, 1999.
The court has fixed May 22, 2007, to continue with the evidence of the plaintiff's first witness.
In its statement of claim, Rexol said it was a limited liability company duly incorporated under the laws of Gibraltar and also incorporated under the laws of Ghana with 30 per cent shares in Golden Beach Hotels (Ghana) Limited while SSNIT held 70 per cent shares.
The plaintiff said Golden Beach Hotels held 100 per cent shares in La Palm Royal Beach Hotel, which was controlled and managed by SSNIT or its representatives and, therefore, it would not be possible for Golden Beach Hotels to commence the action.
It said on February 25, 1999, SSNIT and La Palm Beach Limited entered into a Guarantee Agreement whereby SSNIT agreed to guarantee a $5.5 million loan facility obtained by the company from Merchant Bank Ghana Limited to enable the company to complete phase one of the La Palm Beach Hotel, then under construction.
According to the plaintiff, on or about December 7, 1999, La Palm Beach Limited liquidated all outstanding debts it owed to Merchant Bank and notwithstanding that, SSNIT and La Palm Beach Limited purported on December 22, 1999, to execute a deed of mortgage and a deed of legal charge.
It said that the documents or deeds were executed on behalf of La Palm Beach Limited by Isaac Nantwi Kankam (now deceased), who purported to be its managing director and that at all material times to the execution of the deeds, Rexol had transferred all its shares in La Palm Beach Limited to Golden Beach Hotels, which became its sole member and Isaac Nantwi Kankam was not even a director of La Palm Beach Limited and lacked the capacity to execute any such document.
The plaintiff said that in spite of all that, SSNIT had taken legal action against La Palm Beach Limited claiming a recovery of $8.649,937.53 or in the alternative a judicial sale of La Palm Royal Hotel in which La Palm Beach Limited had purportedly admitted in all averments of SSNIT.
The SSNIT in its statement of defence admitted instituting action against La Palm Beach Limited for the recovery of $8,649,937.53 and that the total amount that it guaranteed was $5 million, which was to attract an agreed interest of $500,000 of 7.5 per cent per annum.
Rexol International Limited, which owns 30 per cent shares in the hotel, is further seeking a declaration that the recovery of $8,649,937.53 from La Palm Beach Limited or the sale of La Palm Royal Beach Hotel was contrary to the guarantee agreement executed by SSNIT and the company on February 25, 1999 and that by virtue of the joint venture agreement and the contract of indemnity executed in 1999, all debts of the hotel, including a loan of $5.5 million from the Merchant Bank, were deferred, transferred and absorbed by Golden Beach Hotels Limited.
It is also seeking an order to set aside the purported Deed of Mortgage and Fixed Charge executed between SSNIT and La Palm Beach Limited, dated December 22, 1999, because it was in breach of the Memorandum of Deposit of Title Deeds executed between them, dated February 25, 1999.
The court has fixed May 22, 2007, to continue with the evidence of the plaintiff's first witness.
In its statement of claim, Rexol said it was a limited liability company duly incorporated under the laws of Gibraltar and also incorporated under the laws of Ghana with 30 per cent shares in Golden Beach Hotels (Ghana) Limited while SSNIT held 70 per cent shares.
The plaintiff said Golden Beach Hotels held 100 per cent shares in La Palm Royal Beach Hotel, which was controlled and managed by SSNIT or its representatives and, therefore, it would not be possible for Golden Beach Hotels to commence the action.
It said on February 25, 1999, SSNIT and La Palm Beach Limited entered into a Guarantee Agreement whereby SSNIT agreed to guarantee a $5.5 million loan facility obtained by the company from Merchant Bank Ghana Limited to enable the company to complete phase one of the La Palm Beach Hotel, then under construction.
According to the plaintiff, on or about December 7, 1999, La Palm Beach Limited liquidated all outstanding debts it owed to Merchant Bank and notwithstanding that, SSNIT and La Palm Beach Limited purported on December 22, 1999, to execute a deed of mortgage and a deed of legal charge.
It said that the documents or deeds were executed on behalf of La Palm Beach Limited by Isaac Nantwi Kankam (now deceased), who purported to be its managing director and that at all material times to the execution of the deeds, Rexol had transferred all its shares in La Palm Beach Limited to Golden Beach Hotels, which became its sole member and Isaac Nantwi Kankam was not even a director of La Palm Beach Limited and lacked the capacity to execute any such document.
The plaintiff said that in spite of all that, SSNIT had taken legal action against La Palm Beach Limited claiming a recovery of $8.649,937.53 or in the alternative a judicial sale of La Palm Royal Hotel in which La Palm Beach Limited had purportedly admitted in all averments of SSNIT.
The SSNIT in its statement of defence admitted instituting action against La Palm Beach Limited for the recovery of $8,649,937.53 and that the total amount that it guaranteed was $5 million, which was to attract an agreed interest of $500,000 of 7.5 per cent per annum.
BENJILO'S APPEAL ADJOURNED
THE Accra Fast Track High Court has adjourned the hearing of a motion on notice for stay of execution of its judgement ordering the release of a number of movable and immovable property which were wrongfully confiscated by the state in 1997 on the assumption that they belonged to George Adu Bonsu, alias Benjilo.
The adjournment is to enable the applicant to receive the record of proceedings in order to make its case on May 22, 2007.
On February 13, 2007, the court, presided over by Mr Justice Ofoe, ordered the immediate release of the stock of goods in the shops of Benjilo Fabrics Company Limited which got destroyed because they were locked, leasehold interests in House Number C618/2, Salaga Market, House Number 521/1, Selwyn Street, House Number C850/4, Abele Road, Kokomlemle, House Number J85, Nungua, an unnumbered warehouse/hospital premises opposite ABC Junction, Alogboshie (now Fourth Street or C297/30 Achimota), Accra.
The rest are an unnumbered property at Number 1 Tantra Hill, TH 59, Tantra Hill in Accra, a GCM Typhoon vehicle, with registration number GR 4833 J, a Mercedes Benz 300, with registration number GR 7474 J, and a Nissan Pathfinder, with registration number GR 4835 J.
The court further ordered the payment of ¢1.111 billion with interest, since 1997, at the prevailing commercial rate for the stock of goods destroyed as a result of the unlawful closure of Benjilo Fabrics Company Limited.
In addition, the state was to pay ¢450 million per year as loss of use of three vehicles which were also seized.
An amount of ¢90 million was also to be paid for the rehabilitation of the three vehicles which have been left to the vagaries of the weather since May 2001.
A further ¢80 million in damages and costs of ¢50 million were also awarded against the state.
A building, H/NO. C850/4, Abele Road, Kokomlemle, which belongs to Madam Yaa Konadu, is not affected by the appeal.
The judgement was to be executed by the state through the Inspector-General of Police, the Narcotics Control Board and the Attorney-General, who were the defendants.
The plaintiffs, Benjilo Fabrics Limited, Mrs Grace Adu Bonsu, Prof Azumah Nelson, Dennis Adu Bonsu, Raymond Kofi Adu Amankwah and Madam Yaa Konadu, sued for the release of the property after the conviction and sentence of Benjilo to 10 years imprisonment for drug-related offences in April 1997.
According to them, Benjilo Fabric was a limited liability company with four directors who did not include Benjilo, who was only a worker with the company.
The company claimed $650,000 or its cedi equivalent as the cost of the stock of goods destroyed in the shops which were locked because when its accountant, together with the police, took stock of the goods on June 5, 1997, their value was ¢1,111,840,500.
Consequently, the court ordered that interest be paid, at the commercial rate, on the amount from December 1997 to date because six months from the date was a reasonable period for the defendants to have decided to dispose of those materials, instead of leaving them to rot in the shops.
The company claimed a leasehold interest in the houses at the Salaga Market and Selwyn Street, as well as the Nissan Pathfinder.
It said the leasehold interest for 20 years was acquired from Mr and Mrs Nanka Bruce in April 1994.
The court held that evidence was led to show that, indeed, Benjilo did not own those houses and that the company was the lessee of the property.
In respect of the Kokomlemle house, the court held that it was satisfied with Mrs Adu Bonsu’s evidence that it belonged to the sixth plaintiff, Madam Yaa Konadu, who herself testified as to how she came by that property.
The evidence on the property at Nungua, the court held, was that it was owned by the fifth plaintiff, Raymond Kofi Amankwah, who is presently domiciled in the USA.
The court said the unnumbered warehouse at ABC Junction, Alogboshie, belonged to Azumah Nelson, who led evidence as to how he got the property.
It stated that the former world featherweight boxing champion bought it from Nii Kuma for the construction of a hospital and Azumah testified that he was assisted by Benjilo each time he travelled outside the country but he refunded whatever amount was spent by Benjilo.
Regarding the ownership of the property opposite ABC Junction, Achimota, being claimed by the fourth plaintiff, Dennis Adu Bonsu, the court accepted the evidence by Mrs Adu Bonsu that she bought it for her child, while the Tantra Hill property, it said, belonged to Mr Ernest Boamah Ansong and not Benjilo.
In 1998, when the plaintiffs filed for the release of their property, the defendants then filed for forfeiture but it was thrown out, on the grounds that an appeal by the then convict was pending.
When the case was finally disposed of at the Supreme Court on May 9, 2001, the state did not go ahead to proceed with the forfeiture proceedings, since the Regional Tribunal indicated on May 3, 2006 that there was no such motion.
According to the notice of appeal, the judgement was against the weight of evidence adduced during the trial and that the trial judge erred in awarding to the respondents/plaintiffs special damages when same had not been specifically pleaded.
An affidavit deposed by Ms Marina Atuobi, a State Attorney, said the tribunal erred in law by its refusal to grant the forfeiture orders on the grounds that there was a civil case involving the same property pending at the Fast Track High Court.
At the court's sitting yesterday, the judge demanded to know from the applicant the inconsistencies, if any, but Mr William Kpobi, a Principal State Attorney, said he had not received the record of proceedings to enable him to identify the inconsistencies.
Counsel for the respondent, Mr Yonny Kulendi, said the applicant needed not necessarily to have the benefit of the record of proceedings and ought to proceed with the application because waiting for the applicant to get the records would take some time and such a delay would be to his advantage.
The adjournment is to enable the applicant to receive the record of proceedings in order to make its case on May 22, 2007.
On February 13, 2007, the court, presided over by Mr Justice Ofoe, ordered the immediate release of the stock of goods in the shops of Benjilo Fabrics Company Limited which got destroyed because they were locked, leasehold interests in House Number C618/2, Salaga Market, House Number 521/1, Selwyn Street, House Number C850/4, Abele Road, Kokomlemle, House Number J85, Nungua, an unnumbered warehouse/hospital premises opposite ABC Junction, Alogboshie (now Fourth Street or C297/30 Achimota), Accra.
The rest are an unnumbered property at Number 1 Tantra Hill, TH 59, Tantra Hill in Accra, a GCM Typhoon vehicle, with registration number GR 4833 J, a Mercedes Benz 300, with registration number GR 7474 J, and a Nissan Pathfinder, with registration number GR 4835 J.
The court further ordered the payment of ¢1.111 billion with interest, since 1997, at the prevailing commercial rate for the stock of goods destroyed as a result of the unlawful closure of Benjilo Fabrics Company Limited.
In addition, the state was to pay ¢450 million per year as loss of use of three vehicles which were also seized.
An amount of ¢90 million was also to be paid for the rehabilitation of the three vehicles which have been left to the vagaries of the weather since May 2001.
A further ¢80 million in damages and costs of ¢50 million were also awarded against the state.
A building, H/NO. C850/4, Abele Road, Kokomlemle, which belongs to Madam Yaa Konadu, is not affected by the appeal.
The judgement was to be executed by the state through the Inspector-General of Police, the Narcotics Control Board and the Attorney-General, who were the defendants.
The plaintiffs, Benjilo Fabrics Limited, Mrs Grace Adu Bonsu, Prof Azumah Nelson, Dennis Adu Bonsu, Raymond Kofi Adu Amankwah and Madam Yaa Konadu, sued for the release of the property after the conviction and sentence of Benjilo to 10 years imprisonment for drug-related offences in April 1997.
According to them, Benjilo Fabric was a limited liability company with four directors who did not include Benjilo, who was only a worker with the company.
The company claimed $650,000 or its cedi equivalent as the cost of the stock of goods destroyed in the shops which were locked because when its accountant, together with the police, took stock of the goods on June 5, 1997, their value was ¢1,111,840,500.
Consequently, the court ordered that interest be paid, at the commercial rate, on the amount from December 1997 to date because six months from the date was a reasonable period for the defendants to have decided to dispose of those materials, instead of leaving them to rot in the shops.
The company claimed a leasehold interest in the houses at the Salaga Market and Selwyn Street, as well as the Nissan Pathfinder.
It said the leasehold interest for 20 years was acquired from Mr and Mrs Nanka Bruce in April 1994.
The court held that evidence was led to show that, indeed, Benjilo did not own those houses and that the company was the lessee of the property.
In respect of the Kokomlemle house, the court held that it was satisfied with Mrs Adu Bonsu’s evidence that it belonged to the sixth plaintiff, Madam Yaa Konadu, who herself testified as to how she came by that property.
The evidence on the property at Nungua, the court held, was that it was owned by the fifth plaintiff, Raymond Kofi Amankwah, who is presently domiciled in the USA.
The court said the unnumbered warehouse at ABC Junction, Alogboshie, belonged to Azumah Nelson, who led evidence as to how he got the property.
It stated that the former world featherweight boxing champion bought it from Nii Kuma for the construction of a hospital and Azumah testified that he was assisted by Benjilo each time he travelled outside the country but he refunded whatever amount was spent by Benjilo.
Regarding the ownership of the property opposite ABC Junction, Achimota, being claimed by the fourth plaintiff, Dennis Adu Bonsu, the court accepted the evidence by Mrs Adu Bonsu that she bought it for her child, while the Tantra Hill property, it said, belonged to Mr Ernest Boamah Ansong and not Benjilo.
In 1998, when the plaintiffs filed for the release of their property, the defendants then filed for forfeiture but it was thrown out, on the grounds that an appeal by the then convict was pending.
When the case was finally disposed of at the Supreme Court on May 9, 2001, the state did not go ahead to proceed with the forfeiture proceedings, since the Regional Tribunal indicated on May 3, 2006 that there was no such motion.
According to the notice of appeal, the judgement was against the weight of evidence adduced during the trial and that the trial judge erred in awarding to the respondents/plaintiffs special damages when same had not been specifically pleaded.
An affidavit deposed by Ms Marina Atuobi, a State Attorney, said the tribunal erred in law by its refusal to grant the forfeiture orders on the grounds that there was a civil case involving the same property pending at the Fast Track High Court.
At the court's sitting yesterday, the judge demanded to know from the applicant the inconsistencies, if any, but Mr William Kpobi, a Principal State Attorney, said he had not received the record of proceedings to enable him to identify the inconsistencies.
Counsel for the respondent, Mr Yonny Kulendi, said the applicant needed not necessarily to have the benefit of the record of proceedings and ought to proceed with the application because waiting for the applicant to get the records would take some time and such a delay would be to his advantage.
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