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General News of Saturday, 27 October 2012

Source: Daily Guide

Kotoka Cocaine Suspects Fight For Bail

THREE LAWYERS were yesterday at an Accra Circuit court to request bail for four persons standing trial for allegedly having a hand in the exportation of 1545 kilogrammes of cannabis sativa (Wee) and 7.5killogrammes of cocaine from Ghana to United Kingdom.

The three lawyers moved their applications on behalf of Charles Abodakpi, security supervisor, Abdon Dzata, customs officer, and Samuel Aryee Tettey, on grounds that the facts did not support the charges leveled against them.

The applications for bail were heard in the open court except certain information concerning Francis Kwame Asante, the alleged exporter, which the lawyers requested it should be heard in chambers for security reasons.

The court presided over by Francis Obiri, after listening to arguments made by both the prosecution and the defence team, adjourned the matter to October 30 for ruling.

The lawyers, who moved the motion separately, argued that their clients were being sacrificed for the real perpetrators of the crime or the kingpins who might be walking on the streets as free men or could have escaped from the jurisdiction.

According to the lawyers, the facts did not link the accused persons to the crime, indicating that they were not part of security officials or agents who physically examined the goods but came into contact with them when the consignments had undergone all checks and had been released for exportation.

Kwame Akuffo, counsel for Abdon Dzata, the customs officer, argued that his client was in the dock just because of the position he held at Customs, Excise and Preventive Service (CEPS) since there was no fact linking him to the case

“I don’t support the drug trade. People who do it must be punished but those who are innocent should not to be punished for a crime they did not commit. If those who physically examined the goods are not before you, then my lord, why are these people who came across the goods after they have been sealed rather before you?” he quizzed.

Lawyer Mensah, who represented Samuel Aryee Tettey, the tractor driver, informed the court that his client only followed instruction to drive the consignment to the aircraft without the knowledge that they contained narcotic drug.

Counsel, who said there was no fact that linked his client to the crime, stated, “My lord, from the facts, my client’s crime is just escorting the consignment into the aircraft. If this is a crime then the pilot who piloted the consignment to U.K should also be charged as well as those who loaded the consignment”.

Gordon Akpadie, counsel for Charles Abodakpi, the security supervisor, also indicated that the case of his client was a clear mistaken identity. Mr. Akpadie indicated that his client was not a security supervisor as portrayed by the prosecution but rather a cargo supervisor at the Aviance.

According to him, if the prosecution had done diligent investigations, it would have found out that Abodakpi had nothing to do with security and had never been given a job as a security officer at Aviance.

He disclosed that the security supervisor being sought by the prosecution was still walking a free man while his client was suffering in custody.

The lawyers told the court that their clients were ready to stand trial and would not escape if granted bail.

The state attorney, Ashong Okai, objected to bail on grounds that the accused persons in lawful custody were facing first degree felonies which were non-bailable offences.

Mr. Ashong, who said there had not been unreasonable delay in the matter, for which bail should be granted, argued that the applications were premature.

According to him, the matters deposed by the lawyers were ones that needed to be proven in the substantive trial so the court should dismiss their application.

The four accused persons are jointly facing two counts of conspiracy to commit crime.

Asante had four additional charges of exportation of narcotic drugs without lawful authority. Abdon Dzata had two charges of prohibited business relating to narcotic while Abodakpi and Aryee Tettey faced one count of prohibited business relating to narcotic drugs each.

They have all pleaded not guilty. Meanwhile, two other accomplices, Obed Amevor and Frank Amoah aka Kofi, are still at large.

The accused persons were arrested following preliminary investigations conducted in the illegal exportation of the narcotic drugs to the UK. The cannabis was busted at Heathrow Airport, UK, after leaving Ghana undetected recently.

According to prosecution, on September 24 and 25 2012, the accused persons and those on the run allegedly played various roles in promoting and facilitating the exportation of the said narcotic drugs with the street value of 4.3million pounds.