Tsibu-Darko granted one billion cedi bail

Accra, Dec. 21, GNA - An Accra Fast Track High Court on Tuesday granted Prince Tsibu-Darko, 49, owner of the Koreana Hotel in Tema, who is being held for an alleged drug-related offence, one billion cedi bail with two sureties to be justified.

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.

The accused, who pleaded not guilty to carrying out prohibited business relating to narcotic drugs, would report to the Police every Wednesday.

The Court ordered that Tsibu-Darko's should deposit his passport and travelling documents to its Registrar and that the Medical Director of Nyaho Hospital, where he is on admission should also inform the Court, when accused is discharged.

"Any movement of the accused including his transfer from Nyaho Hospital should be communicated to the Court's Registrar." The Court, however, dismissed the argument raised on the accused person's ill-health saying that the Prosecution and Defence Counsel were being sympathetic towards the accused person.

Ruling on an application for bail the Court noted that the Prosecution had not been able to marshal credible facts to support the charges. The Court noted that though it had indicated that the accused had exported 3,700 kilograms of cocaine outside the country almost two years ago, they had not been able to name the recipient country. "If the Prosecution was sure that accused person had in possession the said drugs what prevents them from naming the country where the said drugs were exported, which vessel carried the drugs and which security agency seized them, the Court asked."

The Court noted that the State apparatus, which abounded in many resources, should not be allowed to be speculative.

It noted that the Prosecution was nowhere near the commencement of Tsibu-Darko's prosecution adding that if it were, it would have answered questions on where and when the drugs were impounded.

The Court said the bail bond was not granted on medical grounds because the medical documents provided in support of the application stated that the accused was suffering from dizziness and "frequent stool," conditions that were not those that could compel the Court to grant bail.

"The medical report on the accused does not convince me that accused person's condition is severe as he was undergoing treatment in one of the country's best hospitals," the Presiding Judge, Justice Jones Dotse, a Court of Appeal Judge, who was sitting with additional responsibility as a High Court Judge, declared.

The Court made references to the fact that the Prosecution had not declined the bail, saying the Attorney-General's Department had not filed any response to the application after being served. These were done through the Offices of the Chief Justice and the Deputy Judicial Secretary.

Tsibu-Darko has been hospitalized since December 2006. The Court on an enquiry was told that the accused was indisposed. The Defence Team led by Mr Gabriel Pwamang, therefore, renewed the application for bail which the Court declined but said it had made provision for them to come back again with the relevant medical documents. Prosecution did not decline to bail but prayed that the bail condition should be such that accused would appear to stand trial. The Court adjourned to January 24. 9 Jan. 07