Friday, January 26, 2007

KOJO's DIARY

TWO CHINESE DON'T HAVE LEGAL REPS

THE lack of a legal representation for the two Chinese in the MV Benjamin cocaine case appears to be hampering the speedy trial at the Accra Fast Track High Court.
During the court’s sitting the judge and defence counsel expressed reservations about how the inability of the two accused persons to engage the services of lawyers to represent them was impacting on the speedy disposal of the case.
Cui Xian Li and Luo Yin Xing were to cross-examine the first prosecution witness, Detective Sergeant Edward Yaw Asante, but that could not happen because the proceedings had not been made available to the Chinese to enable them to do that.
They are standing trial with the vessel owner, Joseph Kojo Dawson, Pak Bok Sil, a Korean, Isaac Arhin and Philip Bruce Arhin, both Ghanaians.
The accused persons are alleged to have played various roles leading to the importation of 77 parcels of cocaine, each weighing 30 kilogrammes.
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.
Mr Justice Annin Yeboah, an Appeal Court judge sitting with additional responsibility as a High Court judge, asked the Chinese interpreter whether he had received a copy of the proceedings so that he could interpret it to the accused persons to enable them to cross-examine the witness.
The judge said that much as that was delaying the trial, it was necessary because even lawyers took down notes to assist them during cross-examination and he did not want the impression to be created that the foreigners were not being offered fair treatment.
Counsel for Dawson, Mr D. K. Ameley, said the inability of the accused persons to engage the services of a lawyer since their arrest in April 2006 was delaying the trial and that it was almost certain that they would not engage lawyers to represent them.
Mr Justice Annin Yeboah, therefore, adjourned the case to tomorrow and urged the interpreter to get a copy of the proceedings and explain everything to the accused persons.
The facts of the case are that Dawson, who has been charged with one count of use of property for narcotic offences, was alleged to have allowed Asem Darkeh, alias Sheriff, who is on the run, to use his vessel to import the 77 parcels of cocaine on February 6, 2006.
Sil, an engineer, was alleged to have been in charge of the repairs of the vessel from December 15, 2005 to February 2006 in readiness for sail from Takoradi to the high seas to convey the 77 parcels of cocaine.
Isaac, a sailor, Philip, a mechanic, Li, a vessel engineer, and Xing, a sailor, were alleged to have, worked on the vessel as members of its crew between February 27, 2006 and April 27, 2006, and that they sailed from Takoradi to the high seas to convey the 77 parcels of cocaine to Tema.
The four were also alleged to have had in their possession, without lawful authority, one parcel of cocaine containing 30 slabs, with each slab weighing one kilogramme.

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