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General News of Wednesday, 17 February 1999

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Police Inspector to be held liable for Biney's death

Accra, (Greater Accra) 17 Feb. '99, A four-member committee, which investigated the shooting of Isaac Kofi Biney, alias Joe, at his residence at Dansoman last year says the Police Inspector, who allegedly fired the shot should be held liable for murder. The committee rejected the evidence of Inspector Patrick Kuzorli that he fired the gun that killed the deceased in self-defence.



The committee's report issued in Accra said though the Police were on a lawful exercise, they could have arrested the deceased without necessarily killing him. This, it said, exhibited "unprofessional application of unnecessary force by the Inspector, which led to the unnecessary death of Isaac". The committee comprised Mr E. Owusu Poku, Commissioner of Police, who was the chairman, Mrs Angela Dwamena-Aboagye, State Attorney, Police Detective Inspector Robert Azantilow. Mr J. K Owusu, a retired Chief Superintendent was a co-opted member.



The report noted that Mr Biney had committed three offences by stabbing a Policeman in 1993 and one Robert Owusu-Asirifi and his friend Kofi Srebour on May 11, 1998 around the Dansoman Telecom area. It said the deceased damaged five telephone booths installed at the Dansoman telephone office on the same day. Despite these offences the committee "found that the deceased could neither be described as a psychiatric patient nor a notorious criminal as suggested by the Police ". The committee recommended that disciplinary action must be taken against Corporal Peter Acheampong and Corporal Isaac Andoh in accordance with Police Service regulations for dereliction of duty and misconduct. They also accepted that the Dansoman Police, who handled the dockets in respect of the two incidents in November 1998 against the deceased be disciplined for lack of supervision and misconduct. Officers at the homicide squad, who were charged with investigating the shooting incident should also be disciplined for various acts of misconduct as outlined in the report. The report directed that the Commissioner Criminal Investigations Department (CID) must investigate the circumstances surrounding the discovery of leaves suspected to be cannabis on Mr Biney, 21 days after he was killed. It said Mr George Dennis, who was present to identify the body challenged the Police and said they must have planted it.



"The results of (an) examination of the leaves showed for cannabis, but the urine sample showed negative for the active ingredients found in cannabis, the presence of which would have proved that the deceased had smoked cannabis before his death." The IGP should issue appropriate instructions regarding warning shots and stray bullets, which are not provided for under Section 97 of the Police Service and retrain all policemen in the handling of weapons, and instructions concerning the use of firearm scrupulously.