ACP Boakye's no show
Gilbert Boyefio
17/01/2007
The much-awaited bombshell from the prosecution in the cocaine trial of Kwabena "Tagor? Amaning and Issah Abass could not be detonated yesterday as the prosecution presented only one witness, bringing the tally of prosecution witnesses to five, since the trial began on November 27, 2006.
Instead, the packed court was treated to a police witness who conceded that his investigations into the case were truncated and his involvement was limited to taking cautioned statements from the accused persons and a search at their premises, which yielded no evidence of cocaine.
Prior to yesterday"s hearing, the speculation was on the sought-for bombshell the prosecution had promised. All the indications were that that bombshell was ACP Kofi Boakye, the then-Director in Charge of Police Operations, who has been on suspension since the contents of a secret recording of a conversation which took place at his residence in May last year with some individuals, including the two accused persons, became public knowledge.
?The bombshell is yet to come,? said the prosecutor yesterday, to a teasing query from defence lawyer Ellison Owusu-Fordjour as to whether yesterday?s witness was the bombshell promised last December.
At yesterday?s hearing, the fifth prosecution witness, Detective Inspector Justice Oppong, an investigator of the Regional CID Office, Accra, told the court that he was the first detective assigned to the case after the accused persons were arrested and brought to the regional office of the CID on August 4, 2006.
He said he took cautioned statements from Tagor and Alhaji Issah in the presence of their counsel Asare Otchere-Darko and Mohammed Attah respectively, and also in the company of an independent witness, Godwin Nebiaku, on two separate occasions. The detective tendered both statements in evidence.
Reading from the cautioned statement of Tagor, taken on August 3, 2006, Tagor stated that he was a businessman in Accra, involved in real estate development and plant hire. He denied involvement in any drug related case in a statement that was noted for its brevity.
His statement tallied with evidence previously given by the first prosecution witness, Kwabena Acheampong. Tagor confirmed he was at the May 2006 meeting in the garden of ACP Boakye where all those present denied any knowledge of a consignment of cocaine which had allegedly gone missing.
He stated further, in the statement read yesterday in court by the detective, that the meeting concluded with ACP Boakye advising all of them to keep their ears to the ground and report back to him with any information picked up on the whereabouts of the missing cocaine. Tagor said nothing more was heard about the cocaine until the Justice Georgina Wood Committee hearing, set up in August to investigate, among other things, about two tonnes of cocaine which went missing on the vessel MV Benajamin around April, 2006.
It was Alhaji Issah?s written statement which appeared to have excited the court, generating physical discomfiture from defence lawyers Nana Asante Bediatuo, Owusu-Fordjuor, Asare Otchere-Darko and Mohammed Attah at the mention of Mahyia Palace.
In his statement to the police, Alhaji Issah said before the said meeting at the ACP?s house, he knew Victor Kisseh, Alhaji Moro and Tagor but not Kwabena Ababio, who were all present. He said, however, that he was not involved in any business with any of them. His explanation on what precipitated the meeting at ACP Boakye?s house was markedly different from what had been earlier presented to the court.
Alhaji Issah said ACP Boakye told him in his office that he heard that Tagor knew something about the missing cocaine and that Tagor had allegedly sent it to the Manhyia Palace in Kumasi, from where he was distributing it.
According to Alhaji Issa Abass, ACP Boakye said, ?he heard that one Tagor was selling the stuff and asked whether I knew that Tagor took the stuff to Manhyia Palace??
At this juncture, all the defence lawyers, including the second accused?s own counsel, could be seen murmuring to one another, apparently distressed.
Alhaji Issa said in his written statement that ACP Boakye told him about his unhappiness with the allegation that Tagor was bringing the name of Manhyia into the cocaine matter and took the decision to travel to Kumasi with the view to clear the air.
It was after ACP Boakye returned from Kumasi, the statement read, that Alhaji Moro of Kumasi was brought in to sit in at the meeting in the police commissioner?s house.
Alhaji Issa said of that meeting, ?there were so many jokes during the discussion which had nothing to do with the matter in discussion.?
Detective Inspector Oppong told the court that apart from the cautioned statement he took from the two accused persons, he also conducted a search at their homes and the Tema office of the second accused person.
?Because they were mentioning cocaine I took the first accused to his home at East Legon. We searched there thoroughly but nothing was found.? Neither was anything found in the two premises of Alhaji Issa.
He told the court that the accused persons refused to cooperate based on advice they received from their counsel. However, when he was put to strict proof, the detective, with 25 years experience, admitted that even the fact that the cautioned statements were taken in the presence of the lawyers amounted to cooperation.
The detective told the court that he was asked to suspend his investigations until the end of the Georgina Wood Committee hearings.
He said there was much the Police could have done but due to public outcry, they were asked to wait for the report of the Georgina Woods Committee before continuing with the case.
?However, after the Georgina Wood Committee report, the case took on a national dimension and we were asked to step aside for the national CID to continue,? he said.
During cross examination when asked by Ellis Owusu Fordjour, lead counsel for Tagor to tell the court who ordered them to wait for the Georgina Wood Committee report, he refused to disclose the name.
When Mohammed Attah, counsel for Alhaji Issah Abass, asked the detective how long before the case was taken from the regional CID, he replied, ?Three or maybe four weeks, I am not sure.?
The detective told the court that he also took a statement from ACP Boakye.
Answering questions from the court on the Manhyia allegation, he said that was the reason why Alhaji Moro was brought in for questioning.
At this juncture, the prosecution led by a Principal State Attorney, William Kpobi, appealed for an adjournment of proceedings, which was received great displeasure from counsel for the accused persons.
Before the adjournment, Mohammed Attah appealed to the court to order the authorities handling the case to ensure that their clients, who are both sick, received the best of attention. ?Until his own doctor came to the cell to treat him, the investigator had refused to send Issah Abass to hospital,? Mr Attah told the court.
The investigator however told the court that both accused persons where sent to the hospital the first occasion they reported sick, but on the second occasion, Issah Abass made a special request that he be sent to his personal doctor at a particular time, which was not convenient to them at the time.
The trial Judge instructed that the accused be given the best medical care possible because they are innocent until proven guilty.
The case was adjourned to January 30 and 31, at the insistence of the prosecution.
Acting Director of Public Prosecutions, Getrude Aitkins was in court but did not speak.
17/01/2007
The much-awaited bombshell from the prosecution in the cocaine trial of Kwabena "Tagor? Amaning and Issah Abass could not be detonated yesterday as the prosecution presented only one witness, bringing the tally of prosecution witnesses to five, since the trial began on November 27, 2006.
Instead, the packed court was treated to a police witness who conceded that his investigations into the case were truncated and his involvement was limited to taking cautioned statements from the accused persons and a search at their premises, which yielded no evidence of cocaine.
Prior to yesterday"s hearing, the speculation was on the sought-for bombshell the prosecution had promised. All the indications were that that bombshell was ACP Kofi Boakye, the then-Director in Charge of Police Operations, who has been on suspension since the contents of a secret recording of a conversation which took place at his residence in May last year with some individuals, including the two accused persons, became public knowledge.
?The bombshell is yet to come,? said the prosecutor yesterday, to a teasing query from defence lawyer Ellison Owusu-Fordjour as to whether yesterday?s witness was the bombshell promised last December.
At yesterday?s hearing, the fifth prosecution witness, Detective Inspector Justice Oppong, an investigator of the Regional CID Office, Accra, told the court that he was the first detective assigned to the case after the accused persons were arrested and brought to the regional office of the CID on August 4, 2006.
He said he took cautioned statements from Tagor and Alhaji Issah in the presence of their counsel Asare Otchere-Darko and Mohammed Attah respectively, and also in the company of an independent witness, Godwin Nebiaku, on two separate occasions. The detective tendered both statements in evidence.
Reading from the cautioned statement of Tagor, taken on August 3, 2006, Tagor stated that he was a businessman in Accra, involved in real estate development and plant hire. He denied involvement in any drug related case in a statement that was noted for its brevity.
His statement tallied with evidence previously given by the first prosecution witness, Kwabena Acheampong. Tagor confirmed he was at the May 2006 meeting in the garden of ACP Boakye where all those present denied any knowledge of a consignment of cocaine which had allegedly gone missing.
He stated further, in the statement read yesterday in court by the detective, that the meeting concluded with ACP Boakye advising all of them to keep their ears to the ground and report back to him with any information picked up on the whereabouts of the missing cocaine. Tagor said nothing more was heard about the cocaine until the Justice Georgina Wood Committee hearing, set up in August to investigate, among other things, about two tonnes of cocaine which went missing on the vessel MV Benajamin around April, 2006.
It was Alhaji Issah?s written statement which appeared to have excited the court, generating physical discomfiture from defence lawyers Nana Asante Bediatuo, Owusu-Fordjuor, Asare Otchere-Darko and Mohammed Attah at the mention of Mahyia Palace.
In his statement to the police, Alhaji Issah said before the said meeting at the ACP?s house, he knew Victor Kisseh, Alhaji Moro and Tagor but not Kwabena Ababio, who were all present. He said, however, that he was not involved in any business with any of them. His explanation on what precipitated the meeting at ACP Boakye?s house was markedly different from what had been earlier presented to the court.
Alhaji Issah said ACP Boakye told him in his office that he heard that Tagor knew something about the missing cocaine and that Tagor had allegedly sent it to the Manhyia Palace in Kumasi, from where he was distributing it.
According to Alhaji Issa Abass, ACP Boakye said, ?he heard that one Tagor was selling the stuff and asked whether I knew that Tagor took the stuff to Manhyia Palace??
At this juncture, all the defence lawyers, including the second accused?s own counsel, could be seen murmuring to one another, apparently distressed.
Alhaji Issa said in his written statement that ACP Boakye told him about his unhappiness with the allegation that Tagor was bringing the name of Manhyia into the cocaine matter and took the decision to travel to Kumasi with the view to clear the air.
It was after ACP Boakye returned from Kumasi, the statement read, that Alhaji Moro of Kumasi was brought in to sit in at the meeting in the police commissioner?s house.
Alhaji Issa said of that meeting, ?there were so many jokes during the discussion which had nothing to do with the matter in discussion.?
Detective Inspector Oppong told the court that apart from the cautioned statement he took from the two accused persons, he also conducted a search at their homes and the Tema office of the second accused person.
?Because they were mentioning cocaine I took the first accused to his home at East Legon. We searched there thoroughly but nothing was found.? Neither was anything found in the two premises of Alhaji Issa.
He told the court that the accused persons refused to cooperate based on advice they received from their counsel. However, when he was put to strict proof, the detective, with 25 years experience, admitted that even the fact that the cautioned statements were taken in the presence of the lawyers amounted to cooperation.
The detective told the court that he was asked to suspend his investigations until the end of the Georgina Wood Committee hearings.
He said there was much the Police could have done but due to public outcry, they were asked to wait for the report of the Georgina Woods Committee before continuing with the case.
?However, after the Georgina Wood Committee report, the case took on a national dimension and we were asked to step aside for the national CID to continue,? he said.
During cross examination when asked by Ellis Owusu Fordjour, lead counsel for Tagor to tell the court who ordered them to wait for the Georgina Wood Committee report, he refused to disclose the name.
When Mohammed Attah, counsel for Alhaji Issah Abass, asked the detective how long before the case was taken from the regional CID, he replied, ?Three or maybe four weeks, I am not sure.?
The detective told the court that he also took a statement from ACP Boakye.
Answering questions from the court on the Manhyia allegation, he said that was the reason why Alhaji Moro was brought in for questioning.
At this juncture, the prosecution led by a Principal State Attorney, William Kpobi, appealed for an adjournment of proceedings, which was received great displeasure from counsel for the accused persons.
Before the adjournment, Mohammed Attah appealed to the court to order the authorities handling the case to ensure that their clients, who are both sick, received the best of attention. ?Until his own doctor came to the cell to treat him, the investigator had refused to send Issah Abass to hospital,? Mr Attah told the court.
The investigator however told the court that both accused persons where sent to the hospital the first occasion they reported sick, but on the second occasion, Issah Abass made a special request that he be sent to his personal doctor at a particular time, which was not convenient to them at the time.
The trial Judge instructed that the accused be given the best medical care possible because they are innocent until proven guilty.
The case was adjourned to January 30 and 31, at the insistence of the prosecution.
Acting Director of Public Prosecutions, Getrude Aitkins was in court but did not speak.
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