Alhaji Issah Moro and Co let of the hook
Gilbert Boyefio
18/11/2006
The Accra Regional Tribunal yesterday discharged five persons linked with the MV Benjamin cocaine saga for lack of prosecution on the part of the Attorney-General.
The five are Alhaji Moro Mohammed, a Kumasi-based car dealer; Joseph Kojo Dawson, a Director of Dashment Company Limited and owner of MV Benjamin; Sheriff Asem Darkei; Freeman Sosi, a watchman; and Evans Charwetey Tsekobi, a mechanic.
They were each cleared of all charges levelled against them.
The accused persons were before the court for their involvement in the MV Benjamin cocaine case and were charged with various crimes ranging from conspiracy and abetment to the use of property for narcotic offences.
The Attorney General's Department, led by the Chief State Attorney Gertrude Aikins, entered a nolle prosequi (a decision not to proceed with case) - leading to the decision by the court to free the suspects. The accused persons were not in court.
However, a source close to the Attorney General"s Office disclosed to The Statesman that fresh charges would be prepared against the accused persons.
The fact of the case is that on April 26 this year, the accused persons were alleged to have acted together to use the MV Benjamin to cart cocaine from the high seas to Tema.
77 parcels of cocaine disappeared from the fishing vessel.
It was alleged that Sherrif, who is at large, chartered the MV Benjamin from Ghana to collect the 78 parcels of cocaine, totalling 2,340 kilogrammes, from the high seas.
The MV Benjamin received the cocaine from another vessel and headed towards Ghana. It was also alleged that Sherrif organised some fishermen to offload the 77 parcels from the MV Benjamin when it entered the Tema breakwaters to Kpone at dawn after the vessel had berthed at about 11:30 pm on April 25. From Kpone, the drugs were then taken to an unknown destination.
Earlier on, Counsel for the accused persons pleaded with the Court to grant their clients bail.
Yonni Kulendi, Counsel for Alhaji Moro Mohammed, told the court that there is no fact accompanying the charge sheet that constitutes the basis on which the court is being sought to hold the accused persons in police custody.
He said the personal liberties of the accused persons are being trampled upon by the prosecution. "Article 14(1g) of the 1992 Constitution entitles every individual to his personal liberty", he added.
He said particulars of offence demands that the facts of a case are provided, because without that, a section of the law could be used any time without any substantive evidence to arrest and jail a person. "If this country is run this way, then we are all at risk", he said.
Kofi Ameley, Counsel for Joseph Kojo Dawson, a Director of Dashment Company Limited and owner of MV Benjamin, also told the Court his client can not be held liable for the use of his vessel in bringing the cocaine to Ghana because it was chartered to Evans Charwetey.
He explained that under the Ghana Shipping Act 645, under a bare boat charter, which was the agreement signed, a charterer is entitled to register the vessel as the owner within the stipulated time under the agreement.
He said this means the charterer has complete control over the vessel and bares responsibility for anything that it carries or happens to it within that period.
18/11/2006
The Accra Regional Tribunal yesterday discharged five persons linked with the MV Benjamin cocaine saga for lack of prosecution on the part of the Attorney-General.
The five are Alhaji Moro Mohammed, a Kumasi-based car dealer; Joseph Kojo Dawson, a Director of Dashment Company Limited and owner of MV Benjamin; Sheriff Asem Darkei; Freeman Sosi, a watchman; and Evans Charwetey Tsekobi, a mechanic.
They were each cleared of all charges levelled against them.
The accused persons were before the court for their involvement in the MV Benjamin cocaine case and were charged with various crimes ranging from conspiracy and abetment to the use of property for narcotic offences.
The Attorney General's Department, led by the Chief State Attorney Gertrude Aikins, entered a nolle prosequi (a decision not to proceed with case) - leading to the decision by the court to free the suspects. The accused persons were not in court.
However, a source close to the Attorney General"s Office disclosed to The Statesman that fresh charges would be prepared against the accused persons.
The fact of the case is that on April 26 this year, the accused persons were alleged to have acted together to use the MV Benjamin to cart cocaine from the high seas to Tema.
77 parcels of cocaine disappeared from the fishing vessel.
It was alleged that Sherrif, who is at large, chartered the MV Benjamin from Ghana to collect the 78 parcels of cocaine, totalling 2,340 kilogrammes, from the high seas.
The MV Benjamin received the cocaine from another vessel and headed towards Ghana. It was also alleged that Sherrif organised some fishermen to offload the 77 parcels from the MV Benjamin when it entered the Tema breakwaters to Kpone at dawn after the vessel had berthed at about 11:30 pm on April 25. From Kpone, the drugs were then taken to an unknown destination.
Earlier on, Counsel for the accused persons pleaded with the Court to grant their clients bail.
Yonni Kulendi, Counsel for Alhaji Moro Mohammed, told the court that there is no fact accompanying the charge sheet that constitutes the basis on which the court is being sought to hold the accused persons in police custody.
He said the personal liberties of the accused persons are being trampled upon by the prosecution. "Article 14(1g) of the 1992 Constitution entitles every individual to his personal liberty", he added.
He said particulars of offence demands that the facts of a case are provided, because without that, a section of the law could be used any time without any substantive evidence to arrest and jail a person. "If this country is run this way, then we are all at risk", he said.
Kofi Ameley, Counsel for Joseph Kojo Dawson, a Director of Dashment Company Limited and owner of MV Benjamin, also told the Court his client can not be held liable for the use of his vessel in bringing the cocaine to Ghana because it was chartered to Evans Charwetey.
He explained that under the Ghana Shipping Act 645, under a bare boat charter, which was the agreement signed, a charterer is entitled to register the vessel as the owner within the stipulated time under the agreement.
He said this means the charterer has complete control over the vessel and bares responsibility for anything that it carries or happens to it within that period.
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