ACCUSED COULD NOT HAVE BEEN IN A COMA-POLICE WITNESS

A prosecution witness today told the court that the 0.41 per cent alcohol level found in the breath of Thomas Osei, the man who rammed his car into the President's car last year, could have put the accused person in a coma and not be able to drive.
The witness, Lance Corporal Eric Asare of the Airport MTTU further denied that the alcosensor, which he used to test the alcohol level of the accused person was defective since he regularly serviced it.
Testifying under cross-examination by Mr Kwame Boafo Akuffo, counsel for the accused person, the witness indicated that the legal alcohol limit was 0.08 per cent but did not think that anybody with 0.41 per cent would be totally in a coma and not be able to do anything.
Osei was first arraigned before the Motor Court on November 16, 2007 and remanded.
He was discharged by the court on Thursday, December 20, 2007 after the prosecution had filed a nolle prosequi (unwilling to prosecute) but he was re-arrested when he stepped out of the court and put before the Fast Track High Court on six counts.
Osei now faces seven counts of use of narcotic drugs, dangerous driving, negligently causing harm, driving under the influence of alcohol, failing to give way to a Presidential convoy and failing to effect change of ownership of vehicle, to which he has pleaded not guilty.
Around 11.30 a.m. on November 14, 2007, Osei, who was driving a Mercedes Benz SE 500 saloon car in the inner lane along the Liberation Link from the direction of Aviance towards the 37 Military Hospital, drove into the rear side of the President’s vehicle, in spite of the fact that other motorists had been stopped to allow the President’s convoy to pass.
The driver of the President’s car and the driver of a VW saloon car were treated and discharged, while Osei was admitted for treatment.
The President escaped unhurt.
Led in his evidence by the acting Director of Public Prosecutions (DPP), Ms Gertrude Aikins, Lance Corporal Asare told the court that he was not present when the accident occurred but was in the charge office as a standby investigator when his superior officer called to inform him that the President's car had been involved in a serious accident at the Opeibea intersection.
" I proceeded to the scene of the accident and saw a damaged VW Golf car, the President's car and a black Mercedes Benz saloon", he said and added that the President's car was taken to the Castle.
The witness noted that he went to the hospital where he learnt the accident victims had been taken to for treatment and while there, he saw the driver of the VW Golf who was introduced as Rev Joe King Osei Kuffuor, the President's driver and the accused person.
According to Lance Corporal Asare on speaking to the accused person, he realised that he smelled on alcohol and, therefore, he was instructed to test the accused person.
He said at the time the alcocensor was not around and so it was sent for but before he could test he accused person, he (Osei) in the presence of two medical doctors admitted that he had taken in some alcohol.
The witness said that he was unaware that the accused person had taken a meal during which time he took the alcohol.
Another witness, George Oduro, an escort driver of the Presidential convoy told the court that his car was behind that of the President's and that the distance between cars in the convoy was about 20 metres while the speed was between 80/90 KMP.
On reaching the Opeibea House intersection area, he said, he spotted a car moving at top speed from the Aviance section of the road, which made him to close in on the President's car.
Mr Oduro said the median on the road prevented him from taking full cover because he would have hit the car of the President.
He said the oncoming car hit the President's car at its rear tyre after which he stopped in front of the car of the accused person until he was asked to move.
Moments later, he said President J.A. Kufuor was put in his car and taken to the Castle, Osu.
During cross-examination, the witness noted that each time the Presidents convoy moved all the cars except that of the President, had sirens on.
He said he could not tell whether an earlier witness had told the court that the siren in the President's car was on at the time of the accident but what he saw was his evidence.
According to him, it was possible that the President's convoy could be involved in an accident if the policeman who was detailed to monitor traffic did not do his work well and it was to forestall any such thing that a policeman is always at post to ensure sanity.
He said the policeman who was on duty on the day of the accident gave sufficient notice to road users that the President's convoy was about to pass.
A vehicle examiner from the Driver and Vehicle licensing Authority (DVLA), Mr Joseph Addison gave a terse evidence and tendered a report on an examination he conducted on the cars which were involved in the accident.
He was, however, not allowed to read the report when counsel for the accused person raised an objection about its relevance to the charges against his client.