Alleged cocaine swapping case has no time limit - prosecution

Mr Rexford Anthony Wiredu, Chief State Attorney, on Monday told a circuit court in Accra that criminal cases have no time limit.

He said consequently, the prosecution of the case involving Deputy Superintendent of Police (DSP) Gifty Maweunyega Tehoda, the Senior Police Officer at the centre of the alleged cocaine swapping scandal, would start when facts are ready.

Mr Wiredu said: “We brought the accused to court, when we are ready we would start the case and nothing would stop us from doing that.”

Mr Wiredu’s comments followed previous accusations by the defence that the prosecution was unduly delaying the case because it had told the court at the last sitting that it was ready to present witnesses for the trial to begin.

Mr Ephraim A. Vorduagu, counsel for DSP Tehoda expressed worry about the prosecution and said its position on the case was dangerous to his client.

He explained that for the past two months, prosecution had not been able to produce the witnesses it said were ready to testify in the case.

Mr Vorduagu said that, currently, his client who was on interdiction, had to bear the cost of all her legal expenses, “but as for the prosecution whether they expedited action on the case or not they would be paid their salaries”.

He, therefore, asked the court to compel the prosecution to start the case at the next adjourned date.

Mr Vorduagu said if at the next sitting the prosecution is unable to produce witnesses, he would ask the court to throw away the case against his client.

At this juncture, Mr Wiredu rose to his feet and said the comments made by the defence counsel were dangerous to DSP Tehoda.

He said if the defence carries out its threat and the accused is discharged, the prosecution would be forced to re-arrest her which would jeopardise her case.

Mr Wiredu said interdiction of the accused was not caused by the prosecution but by the Police Administration.

Miss Audrey Kokuvi Tay, the trial judge urged parties in the case to ensure that there was consistency from both sides to ensure prompt trial.

The case has been adjourned to Tuesday, April 10.

Vice President John Dramani Mahama, on December 4, 2011, directed the Bureau of National Investigation (BNI) to investigate the loss of 1,020 grammes of cocaine tendered in evidence at an Accra Circuit Court on September 27, 2011, which was admitted without any objection in a case against Nana Ama Martins.

However, the following day at the trial, the defence objected to the exhibit claiming it was not cocaine.

Mr Wiredu said, the prosecution would lead evidence to show that an uncle of Nana Ama Martins, one Yankey, and a sister of Nana Ama called Gyabaah Serwah, informed a witness that they had managed with the assistance of DSP Tehoda to change the cocaine into sodium bicarbonate after the trial judge had refused to take GH¢5,000 as bribe. An amount of GH¢4, 000 was for the judge and GH¢1,000 to the Court Clerk, one Lawalni.

He said there was evidence that one Beatrice Narh, a family member of Nana Ama Martins, confided in her (witness) not to tell anyone about the role played by DSP Tehoda and others in the alleged swapping exercise.

DSP Tehoda, was the Deputy Head, Commercial Crime Unit at the Police Headquarters in Accra.

Mr Wiredu said, the witness stated one lawyer Komla Senanu was contacted and had to pay GH¢10,000 as legal fees but because Nana Ama Martins could not pay, her sister Serwah and others agreed to sell a house belonging to Nana Ama to pay for the legal fees and other expenses.

He said DSP Tehoda and the uncle of Nana Ama Martins, Yankey, spearheaded the process by sending the indenture on the property to the Lands Commission to ascertain its validity.

Mr Wiredu said after the sale of the house, the proceeds were given to DSP Tehoda.

Mr Wiredu said, DSP Tehoda invited lawyer Senanu on three occasions to her office and paid him the legal fees, and informed him (Lawyer Senanu) that they had managed to swap the cocaine and turned it into sodium bicarbonate.

He said after the second test, which proved negative for cocaine, and Nana Ama Martins was released, DSP Tehoda was seen jubilating in her office on that day.

Mr Wiredu noted that the process of changing the cocaine into sodium bicarbonate was facilitated by DSP Tehoda, hence her being charged with abetment for undertaking an activity relating to narcotics.

DSP Tehoda is on GH¢100, 000 bail with two sureties, one to be justified following an appeal at the Human Rights Court. She is to report to the Police every Monday.**