3 coke suspects freed

KOJO's DIARY: Accra Beat
THE three persons who were being held for their alleged importation of 15 kilogrammes of suspected cocaine in a consignment of yoghurt shipped into the country were yesterday discharged by an Accra circuit court.
The Managing Director of Market Direct Company Limited, the company which imported the yoghurt, Michael Ayache, Isaac Quansah and Mohammed Salami, both clearing agents, were absolved of the charges after the prosecution told the court that it had withdrawn the charges against them.
They had been charged with the illegal importation of narcotic drugs.
Their pleas were not taken and the court remanded them on their second appearance last Wednesday to reappear yesterday.
That was after Ricardo Gooding, 33, a Panamanian believed to be the principal architect behind the deal, had been arraigned and also remanded to reappear on February 9, 2007.
Ms Gertrude Aikins, the acting Director of Public Prosecutions (DPP), told the court that based on the assessment of the investigations done so far by the police, the prosecution had decided to withdraw the charges.
"We act on investigations by the police and from what they have done so far we have decided not to press charges and, therefore, we are withdrawing the charges against the accused persons," she said.
What this means is that for now the three persons are free, but should the need arise they can be rearrested, depending on what new evidence comes out in Gooding’s trial.
That statement by the acting DPP did not exact any reply from the defence counsel and as the court ordered the accused persons to leave the dock, they held one another until they came out. Their sympathisers were not left out of the ambience as they hugged and kissed one another.
Mr Sam Okudjeto, counsel for the freed men, last Wednesday prayed the court to release his clients because the factual situation of the case, as presented, negated the charges brought against them.
He said there was no criminology against the accused persons when the particulars of the case were examined and that the suspect alleged to have put the substance in the container had been arrested and sent to court.
Counsel argued that his clients were entitled to their freedom because they were not present when the container was being loaded and especially when the police received information that someone had placed the substance in the container.
However, the acting DPP told the court that the prosecution received the docket on the case from the police for study last Monday.
According to her, the prosecution had to check on a few things outside the country to enable it to decide on the fate of the accused persons.
She said since the prosecution would receive the required information from Interpol last Thursday, the application of the accused persons had to be adjourned to enable the prosecution to decide on the proper people to be charged.
“My Lord, I am speaking with the wisdom of hindsight,” Ms Aikins said.
The court sustained the facts as presented until yesterday.
The facts of the case, as presented by the prosecution, were that on December 12, this year, the Organised Crime Unit of the Criminal Investigations Department (CID) of the Ghana Police Service had information that some drugs had been concealed in a container loaded with other goods.
The container, with registration number MSKY 6646380 and imported by Market Direct Company Limited, a company located on the Spintex Road in Accra, had arrived from Peru and was awaiting clearance at Maersk Sealand, Tema.
It said when the container was opened on December 12, 2006, in the presence of the police, officials of the Customs, Excise and Preventive Service (CEPS) and the clearing agents, a bag found on top of the imported yoghurt drinks contained 15 slabs of narcotic drugs suspected to be cocaine.
When Ayache was arrested, he denied any knowledge and ownership of the drugs. Therefore, Quansah and Salami were also arrested to assist in investigations.
It said Ayache claimed to have imported the yoghurt on the Internet through an agent known as Claudio Mollo in Argentina.
Gooding was later arrested at Nima on Christmas Eve upon a tip-off.