An Accra Circuit Court on Wednesday ordered the State to commence the trial of Deputy Superintendent of Police (DSP) Gifty Maweunyega Tehoda, who is at the centre of the alleged cocaine swapping scandal.
The trial will begin at the next adjourned date.
The court said failure by the State to start the trial would mean it was not ready to prosecute the case and the court would have no choice but to discharge the accused.
Mr. Francis Obiri, the trial judge said the case had been adjourned for nine times since January and would not want to continue with the trend.
He expressed concern why the investigator in the case was not in court to give briefing about the stage the inquiries about the case had reached.
Mr. Obiri said even though the prosecution had assured the court that they were prepared to subpoena all their witnesses for the trial, the continuous adjournment of the case was affecting the process.
Mr. Ephraim A. Vorduagu, Counsel for the accused, expressed concern about the continuous delay of the case and asked the court to find out from the prosecution whether they had been able to contact their witnesses for the case.
The facts are that Vice President John Dramani Mahama, on December 4, 2011, directed the Bureau of National Investigation to investigate the loss of 1,020 grams 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. Rexford Wiredu, Principal State Attorney, told the court that 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 that one lawyer Komla Senanu was contacted and had to pay GH¢10,000 as legal fees but because Nana Ama Martins could not honour the payment, her sister Serwah and others agreed to sell a house belonging to Nana Ama in order to do so as well as 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.
He said DSP Tehoda invited Senanu on three occasions to her office and paid him the legal fees, and informed him that the lawyer had managed to swap the cocaine and turned it into sodium bicarbonate.
Mr. Wiredu said after the second test, which proved negative for cocaine, Nana Ama Martins was released, whilst DSP Tehoda was seen jubilating in her office on that day.
He noted that the process of changing the cocaine into sodium bicarbonate was facilitated by DSP Tehoda, hence her charge 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.**
