Tagor trial: Prosecution says 'main witness' yet to come
Gilbert Boyefio
13/12/2006
In the cocaine trial of Kwabena "Tagor" Amaning and Issah Abass yesterday, the prosecution told the court they could not produce any of their witnesses yesterday as instructed by the court. Yet, after their adjournment date of 16 January 2007 was accepted by the court and the defence, they boasted that "their main witness" was yet to come.
There are speculations that the main witness spoken of is ACP Kofi Boakye, the Director in charge of Police Operations who has been on suspension since contents of a purported secret recording of a conversation in his house with some persons, including the two accused persons, became public knowledge.
Earlier in the trial, the first prosecution witness told the court that the purpose of that April 2006 meeting in the residence of ACP Boakye was to clear the air about apparent rumours that the police chief was behind 77 parcels of cocaine which allegedly escaped surveillance in March.
The prosecution yesterday called its third witness, James Kaligu Ataki, Principal Scientific Officer of the Ghana Standard Board. He told the court that in July of this year his outfit tested 25kg of cocaine on the instructions of the Narcotics Control Board, which proved positive and he tendered evidence of the analyses.
Earlier, counsel for the two accused persons had objected to his evidence being taken, saying that they saw no relevance to the case, since the 25kg was tested in connection with another trial.
But, the judge overruled the objection saying it could throw some light on the first count of the conspiracy charge, which is that the two men agreed to find some missing consignment of cocaine and to jointly enjoy the benefits.
He told the court that on July 26, 2006, one Detective Corporal Edward Yaw Asante, the second prosecution witness, brought 25 slabs of narcotic substance for testing which turned out to be cocaine.
During cross examination, when asked by Mohammed Attah, Counsel for Abass, if the title of the test conducted at the GSB is the same as the case before the court, Mr Ataki replied in the negative, adding, "The title of the report was the Republic vrs Philip Bruce Arhin and five others".
He further told the court that he has not given any evidence in relation to the case at hand, except at the Georgina Wood Commission. "My Lord, I would not even call my presence at the Georgina Wood Commission as giving evidence, because we were invited to come and confirm if the seal on the box containing the slab is that of the MV Benjamin, but it was not so. But the number is related to the test we conducted," he said.
Mr Attah again asked him if the 25 slabs of cocaine they tested were from the MV Benjamin vessel. Mr Ataki said he would not know the source of the slab but he was aware they came from the Narcotics Control Board.
Ellis Owusu Fordjour, lead counsel for Tagor, had argued that the evidence is irrelevant, because it is talking about 25 slabs of cocaine - whereas there is no reference to that anywhere in the case.
Citing section 51(3) of the evidence decree to buttress his point, he said no evidence is admissible except relevant evidence to the case. He further added that if a person comes to give evidence as an expert he has to prove his expertise.
At this point, Mr Attah associated himself with the submission of his colleague counsel, and added that the witness himself has accepted that the sample they tested was not specifically known to be associated with MV Benjamin.
He also added that the charge sheet was specific about the measure and weight of the cocaine and that does not tally with the evidence being tended in by the prosecution witness. It should therefore not be admitted as evidence in the case, he said.
The Principal State Attorney, William Kpobi, opposed the objection. He told the court that at the last hearing, the second prosecution witness had given evidence about the background of the case linking the MV Benjamin to the slabs.
He said although 30 slabs of cocaine were found, the law allows that only a portion of it is tested and, "that is why only 25 slabs were sent to the GSB for testing".
On the issue of the witness expertise, Mr Kpobi said that if a person has the experience and sufficient knowledge on a subject he qualifies as an expert and therefore needs no PHD to be an expert. He added that section 113 of the evidence decree allows for clarification of the witness expertise during cross-examination.
The fourth prosecution witness was Kumi Archer, a businessman who deals in building materials at Katamanto.
"About five months ago, I read in the Daily Guide that Chris Kumi had sold my [sic] house to Tagor's driver. Yes, I have sold the house at Agyirigano, East Legon, to one Nana Kofi. This was about two years ago. I did not know who this Nana Kofi was until he called me and purchased my house. He told me he was living in the [United] States and he came here and needed a house."
The fourth witness told the court that payments were made in four installments ? "$50,000, $40,000 and $10,000, $10,000" (which takes the count to $110,000) ? "within a period of 2/3 months."
"Have you gotten to know more about him?" the defence counsel enquired. "After I read it in the Daily Guide I haven't seen Nana Kofi. I don't know the work that Nana Kofi does," he added.
He was asked whether he had documents to support the transaction, to which he replied yes, but had nothing to show to the court.
The case was adjourned to January 16 and 17 for continuation.
13/12/2006
In the cocaine trial of Kwabena "Tagor" Amaning and Issah Abass yesterday, the prosecution told the court they could not produce any of their witnesses yesterday as instructed by the court. Yet, after their adjournment date of 16 January 2007 was accepted by the court and the defence, they boasted that "their main witness" was yet to come.
There are speculations that the main witness spoken of is ACP Kofi Boakye, the Director in charge of Police Operations who has been on suspension since contents of a purported secret recording of a conversation in his house with some persons, including the two accused persons, became public knowledge.
Earlier in the trial, the first prosecution witness told the court that the purpose of that April 2006 meeting in the residence of ACP Boakye was to clear the air about apparent rumours that the police chief was behind 77 parcels of cocaine which allegedly escaped surveillance in March.
The prosecution yesterday called its third witness, James Kaligu Ataki, Principal Scientific Officer of the Ghana Standard Board. He told the court that in July of this year his outfit tested 25kg of cocaine on the instructions of the Narcotics Control Board, which proved positive and he tendered evidence of the analyses.
Earlier, counsel for the two accused persons had objected to his evidence being taken, saying that they saw no relevance to the case, since the 25kg was tested in connection with another trial.
But, the judge overruled the objection saying it could throw some light on the first count of the conspiracy charge, which is that the two men agreed to find some missing consignment of cocaine and to jointly enjoy the benefits.
He told the court that on July 26, 2006, one Detective Corporal Edward Yaw Asante, the second prosecution witness, brought 25 slabs of narcotic substance for testing which turned out to be cocaine.
During cross examination, when asked by Mohammed Attah, Counsel for Abass, if the title of the test conducted at the GSB is the same as the case before the court, Mr Ataki replied in the negative, adding, "The title of the report was the Republic vrs Philip Bruce Arhin and five others".
He further told the court that he has not given any evidence in relation to the case at hand, except at the Georgina Wood Commission. "My Lord, I would not even call my presence at the Georgina Wood Commission as giving evidence, because we were invited to come and confirm if the seal on the box containing the slab is that of the MV Benjamin, but it was not so. But the number is related to the test we conducted," he said.
Mr Attah again asked him if the 25 slabs of cocaine they tested were from the MV Benjamin vessel. Mr Ataki said he would not know the source of the slab but he was aware they came from the Narcotics Control Board.
Ellis Owusu Fordjour, lead counsel for Tagor, had argued that the evidence is irrelevant, because it is talking about 25 slabs of cocaine - whereas there is no reference to that anywhere in the case.
Citing section 51(3) of the evidence decree to buttress his point, he said no evidence is admissible except relevant evidence to the case. He further added that if a person comes to give evidence as an expert he has to prove his expertise.
At this point, Mr Attah associated himself with the submission of his colleague counsel, and added that the witness himself has accepted that the sample they tested was not specifically known to be associated with MV Benjamin.
He also added that the charge sheet was specific about the measure and weight of the cocaine and that does not tally with the evidence being tended in by the prosecution witness. It should therefore not be admitted as evidence in the case, he said.
The Principal State Attorney, William Kpobi, opposed the objection. He told the court that at the last hearing, the second prosecution witness had given evidence about the background of the case linking the MV Benjamin to the slabs.
He said although 30 slabs of cocaine were found, the law allows that only a portion of it is tested and, "that is why only 25 slabs were sent to the GSB for testing".
On the issue of the witness expertise, Mr Kpobi said that if a person has the experience and sufficient knowledge on a subject he qualifies as an expert and therefore needs no PHD to be an expert. He added that section 113 of the evidence decree allows for clarification of the witness expertise during cross-examination.
The fourth prosecution witness was Kumi Archer, a businessman who deals in building materials at Katamanto.
"About five months ago, I read in the Daily Guide that Chris Kumi had sold my [sic] house to Tagor's driver. Yes, I have sold the house at Agyirigano, East Legon, to one Nana Kofi. This was about two years ago. I did not know who this Nana Kofi was until he called me and purchased my house. He told me he was living in the [United] States and he came here and needed a house."
The fourth witness told the court that payments were made in four installments ? "$50,000, $40,000 and $10,000, $10,000" (which takes the count to $110,000) ? "within a period of 2/3 months."
"Have you gotten to know more about him?" the defence counsel enquired. "After I read it in the Daily Guide I haven't seen Nana Kofi. I don't know the work that Nana Kofi does," he added.
He was asked whether he had documents to support the transaction, to which he replied yes, but had nothing to show to the court.
The case was adjourned to January 16 and 17 for continuation.
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