Police multi-million dollar drug scandal ...

: VESSEL OWNER ‘ARRESTED’

Unconfirmed reports reaching The Statesman indicate that the purported owner of MV Benjamin, the vessel at the centre of the recent cocaine scandal, has been arrested. The time and place of arrest of the owner who goes by the name Sheriff, was yet to be known at the time of going to press.

Meanwhile five men were Friday remanded in custody by Accra circuit court on trafficking charges over the 77 missing parcels of cocaine, with a US street value of about $230 million, coinciding with the passing of a law which seeks to prevent the embarrassing act of seized narcotic drugs being stolen from lawful custody.

The suspects, Kwabena “Targor” Amaning, Alhaji Issah Abass, Kwabena Acheampong, Kojo Ababio, and Yaw Billa also known as Victor Kisseh, all entrepreneurs, were remanded to reappear on the 18th of August.

The men are facing four charges relating to 78 parcels of 30 kilogrammes each of cocaine shipment that was allegedly imported to Ghana aboard a vessel, MV Benjamin.

No applications for bail were made. In a move apparently made to pre-empt their application for bail, Vice President Aliu Mahama Thursday gave presidential assent to a controversial amendment to the Criminal Procedure Code (Act 30).

The amendment gives a blanket prohibition of “the granting of bail in cases of narcotic drug related offences.” It is likely to be challenged at the Supreme Court since it appears to leave judges with no discretion. Thus, person caught merely smoking cannabis would not also be entitled to bail.

The five whose pleas of “not guilty” were taken were charged for conspiracy to commit crime by importing into the country narcotic drugs without license; conspiracy to engage in prohibited business relating to narcotics by importing drugs without license and by engaging in unlawful authority to undertake activities for the purpose of establishing or promoting enterprises relating to drugs.

Prosecuting, Deputy Superintendent of Police Abgachab Boye, told the court that during the month of November 2005, a large quantity of 78 parcels of drugs suspected to be cocaine, were unlawfully imported in to the country on a vessel MV Benjamin through the Tema port.

According to the prosecutor, 77 parcels of the drugs were consequently removed from the vessel before security personnel who were trailing the vessel could raid it; hence it was only one parcel, containing 30 kilos that was retrieved. Incidentally, it was this same parcel of which 5 kilos went missing in the custody of the Narcotics Control Board.

DSP Boye continued that, “The accused persons have been mentioned during investigations as persons involved in the importation and the undertaking of activities for the purposes of establishing or promoting enterprises relating to the narcotic drugs that went missing on board the vessel.”

The Police therefore asked the court to remand the five accused persons in custody while investigations continue.

Counsel for the fourth accused, Kojo Ababio argued that his client should be granted bail since his name was just mentioned in a tape recording purported to have been recorded in connection with the case, given that his arrest was based on speculation and mere gossip.

He further stated that his client was a law abiding citizen of the country and had people who were going to stand surety for him to appear at any given time to assist the courts in determining the truth of the matter since he was not going to jump bail under any circumstances.

Counsel for the third accused, Kwabena Acheampong, also sided with his counter part Adjei Mensah, but added that his client only accompanied a friend to the said meeting and does not have any idea about the missing drugs and prayed the court that it will be too harsh to detain such a person. The judge after listening to the two arguments decided to remand the five accused persons till the 18th day of August 2006, when their bail applications would be reconsidered.

The amendment to Act 60, concerning the ban on bail to drug suspects was yet to take full legal effect because by the time the remanded prisoners appeared before court the new law had not been gazetted as required by the Constitution. The law further anends Act 30 with the insertion of Section 9A Destruction of narcotic drug before trial. S. 9A reads: “Where the offence involves a narcotic drug the court shall, (a) on an application by or on behalf of the Attorney-General, order the destruction of quantity, leaving a reasonable quantity of the seized narcotic drug which is the subject matter of the offence; and (b) make an order that the remaining quantity be taken as conclusive evidence of the seized narcotic drug for the purposes of the trial of the offence and any appeal after conviction.”

The purpose of this amendment is to reduce the opportunity of theft of drugs being kept in lawful custody for the period of a drug trial, which in Ghana can take up to two years after the seizure.