Don't use accused persons as sacrificial lambs - Counsel

Accra, Aug. 6, GNA - A defence counsel in the case in which the owner and crew of MV Benjamin used to cart cocaine to Ghana are charged with narcotic-related offences, on Monday submitted before an Accra Fast Track High Court that the prosecution should not to use his clients as sacrificial lambs.

Mr Osei Wusu said the court had been told that the importer of the missing cocaine on board the MV Benjamin was Sheriff Asem Dake aka Limping Man, who had outwitted the nation's security apparatus. He asked the prosecution why the security apparatus, such as the Narcotics Control Board (NACOB), Ghana Navy and Office of the National Security, should allow Sheriff to run away after some witnesses at a funeral at Ada had identified him.

"We all know that it was Asem Dake who imported the 77 parcels of cocaine into the country. It will be superfluous for the prosecution to come to court to tell us that the cocaine belonged to us," defence counsel said.

"Instead of security personnel laying surveillance on the vessel carrying the said parcels, they allowed themselves to be outwitted by Sheriff and later went on board to take photographs," defence counsel remarked.

In a submission of "no case" for Isaac Arhin, a 49 year-old sailor, Philip Kobina Bruce Arhin, a 47 year-old mechanic, Mr Wusu said the prosecution had not been able to establish any case against his client. According to him the charges preferred against his clients could not be sustained to warrant the court to call on them to open their defence.

Isaac and Philip are standing trial with Joseph Kwabena Dawson, Managing Director of Dashment Company Limited and owner of the vessel and three others for the various roles they played in importing the 77 parcels of cocaine on board MV Benjamin. The rest of the crew are Pak Bok Sil, a 46 year-old Korean Engineer, Cui Xing Li, a 44 year-old Chinese sailor and Luo Yin Xing, a 49 year-old sailor.

Isaac Arhin, Philip Arhin, Cui and Luo are charged with possessing narcotic drugs without authority and engaging in prohibited business. Dawson is being held for using his property for narcotic offence. They have pleaded not guilty and are in Police custody. Pak is also said to have repaired the vessel to facilitate the transportation of the cocaine from Takoradi to Tema. Isaac, Philip, Cui and Luo, who were on board the vessel, allegedly had in their possession one slab containing 30 parcels each weighing about one kilogram.

Mr Wusu said his clients never possessed any narcotic drugs found on board the MV Benjamin and the prosecution had not been able to lead evidence to that effect.

He said none of the 13 prosecution witnesses had been able to lead evidence linking Philip and Isaac to the fact that they had knowledge of the cocaine.

Defence counsel pointed out that when a prosecution witness, Corporal Edward Yaw Asante of NACOB who went on board the vessel appeared before the court, he said the parcel was locked in a tarpaulin and buried in the hatch.

According to him his clients had no access to the hatch, which was locked, adding that the items found were unknown to them. He said the control of the hatch was not part of the business of the accused persons.

Mr Wusu questioned why the police refused to take fingerprints of the first and last persons who went into the hatch. "The charge of possession cannot be meted out on Philip and Isaac because the Police did not conduct any further investigations on the crime scene."

Defence counsel said a look at Detective Inspector Charles Adaba's evidence indicated that he only made inferences instead of conducting thorough investigations into the matter. He said Philip and Isaac never promoted any business relating to narcotic drugs, adding that the Internal Revenue Service Act in defining what a business was did not include employment but made references to trade and vocation.

Mr Wusu said they were only ordinary fishermen who were asked to join the vessel, which was to offload cartons of fish in Tema. Defence counsel noted that the cocaine business was a sophisticated one and dealers would not make use of ordinary fishermen. He said it was not true that the accused persons knew that the one parcel left on board the vessel was to be used in paying them. "The 30 slabs found on board cost over 600,000 dollars; how could that amount be used in paying my clients who only take 500,000 cedis each per month?" Defence Counsel asked.

Defence said the Captain and the Chief Engineer who had told them that they were sailing from Takoradi to Tema to offload cartons of fish deceived the accused persons.

He pointed out that when his client questioned the Captain why he had delayed in arriving at Tema, he was threatened by a gun to keep quite. According to him when his clients were on high seas, there was no way the accused person could ask any questions concerning the alleged fish offloaded onto two boats.

Mr Solomon Korley, a defence counsel for Cui and Luo, said no prima facie case had been made against them because they did not have any knowledge of the cocaine on board the ship. Associating himself with Mr Wusu's submission, he said Cui, a friend of Luo, only went on board the vessel to eat but was apprehended by the security personnel. Hearing continues on August 9 to enable the prosecution to reply to the submission of no case.