Fast Track High Court refuses Tsibu-Darko bail

Accra, Dec. 7, GNA - An Accra Fast Track High Court on Thursday turned down a bail application by Prince Tsibu-Darko, 49, owner of the Koreana Hotel in Tema, who is being held for an alleged drug related offence, and adjourned the case to December 21. Tsibu-Darko is alleged to have exported 3,700 kilograms of cocaine to a European country in the middle of 2005, which was intercepted and seized.

Tsibu-Darko pleaded not guilty to carrying out prohibited business relating to narcotic drugs and the Court presided over by Justice Jones Dotse, a Court of Appeal Judge, who was sitting with additional responsibility as a High Court Judge, remanded him into Police custody. Reading out the ruling, the Court noted that the four-month period for which the accused had been held was too short to warrant bail, adding; "this is the second time the accused person is appearing before me".

It further observed that the Prosecution had been candid by informing the Court that it would need a little more time for further investigation since it was also collaborating with sister security agencies for intelligence reports.

"The accused appeared before the Circuit Court but proceeded to the High Court for a bail application. He has now been put before the Fast Track High Court where trial is to take off," the Court noted. It said refusal of bail was not capricious and mischievous as the Defence might see it.

The Court said though the facts of the Prosecution were scanty there were traces of an offence namely "that the accused person had 3,700 kilograms of cocaine and the said drugs were intercepted in a European country".

When sitting resumed on Thursday morning Mr William Kpobi, Principal State Attorney, prayed the Court for the last adjournment since investigation were ongoing.

Mr Yonni Kulendi, one of the Defence Counsel, objected to the Prosecution's plea and drew the Court's attention to the fact that the accused had been incarcerated for four months. Mr Kulendi said the continuous incarceration amounted to breach of the accused person's personal liberties and rights under the 1992 Constitution.

He pointed out that facts produced by Prosecution were scanty adding; "the Prosecution doesn't have a credible allegation". Mr Kulendi referred to an interview granted by the Director of the Criminal Investigations Department of the Ghana Police Service to the =93Daily Graphic=94, newspaper, in which he was quoted as saying that a vessel which was intercepted in Spain for carrying narcotic drugs belonged to a businesswoman although the Prosecution had said it was owned by Tsibu-Darko.

The assertion by the Prosecution that investigations were ongoing should not receive the "blessings" of the court by remanding him in custody, he said.

The Lawyer prayed the Court to admit his client to bail stressing that the accused was ready to make himself available to the Court and Police anytime when was admitted to bail. Mr Kulendi argued that under the Constitution, the accused ought to enjoy his rights and personal liberty and it was only the Court that could ensure that.

The facts as presented by the Prosecution are that in the middle of the year 2005, Tsibu-Darko, who also owns Kamoney Forex Bureau in Tema, was in possession of 3,700 kilogram's of cocaine, a narcotic drug.