Prosecution has not established case against Tagor - Lawyer

Accra, June 6, GNA - Defence counsel for Kwabena Amaning aka Tagor on Wednesday said the prosecution had not establish any case against his client to warrant him open his defence.

Mr Ellis Owusu-Fordjour noted that evidence adduced by the prosecution was unreliable and no reasonable tribunal could rely on it. Tagor and Alhaji Issa Abass, alleged self-confessed drug barons, are being tried for a drug-related offence. Abass, 53, and Kwabena Amaning, 34, are jointly charged for conspiracy.

Tagor has additionally been charged for carrying out prohibited business relating to narcotic drugs, buying and supplying of narcotic drugs while Abass is being held for carrying out prohibited business relating to narcotic drugs and supplying narcotic drugs. They have pleaded not guilty before an Accra Fast Track High Court, presided over by Mr Justice Victor Jones Dotse, an Appeal Court Judge sitting as an additional High Court Judge and were remanded in prison custody.

Making a submission of no case before the court, Mr Owusu-Fordjour pointed out that the charges levelled against his client were flawed because they were founded on inaccurate facts and information. "I say this because the tape tendered in evidence, which is the basis of all these charges were filed on November 24, last year' during that time it had not been scientifically translated." According to him, Professor John Peter French, the voice forensic expert who was a witness in the case, had told the court that the tape was only produced on March 16, this year.

Mr Owusu-Fordjour said the charge of conspiracy could not hold since his client never conspired with any one to commit an offence. He observed that prosecution had created a serious omission on the charges, adding that, they failed to disclose within which period, date and where the offence was committed.

"The particulars of offence should show the period or date the offence was committed and that would also enable the court to know whether it had jurisdiction or not.

"It is crucial for the prosecution to show where the activities took place and indicate to the court any correspondence." Mr Owusu-Forjour said his client never admitted having dealt in cocaine and words used in the transcript were also not "cocaine" but "goods".

He was of the opinion that even if the word cocaine was used and a person admitted having used cocaine, the most important thing was to subject that to scientific testing.

According to him extra-judicial confession was admissible and the person is allowed to make that voluntarily.

He said there was no sufficient evidence that they conspired and that the meeting was at the instance of Assistant Commissioner of Police (ACP) Kofi Boakye, then Director In-Charge of Operations.

Mr Owusu-Forjour said ACP Boakye was a material witness because he was a public officer and policeman and could assist the court because he called Tagor to his office before the said recorded conversation. "My Lord ACP Boakye should come and tell the court whether he assigned my client and others or whether the said meeting was official or not."

Mr Owusu-Fordjour said a look at ACP Boakye's contribution indicated that he was interrogating the participants of the meeting and was trying to find out the truth as well as clearing his name. Defence counsel said it was ACP Boakye who instructed them to "keep their ears on the ground. My Lord, that cannot be termed as conspiracy." According to him the prosecution had woefully failed to support the charges which had no basis.

The case of the prosecution is that the accused are self-confessed drug barons who since 2004 had been actively engaged in activities of promoting and establishing various enterprises relating to narcotic drugs. Hearing continues on June 14.