President's basher gets nine month sentence- but will walk away in 9 days
Gilbert Boyefio
06/08/2008
An Accra Fast Track High Court presided over by Justice Emmanuel Ayebi yesterday sentenced Thomas Osei, the man standing trial for driving his Mercedes Benz car into the convoy of President Kufuor last year, near the Opeibea House, Accra, to nine months imprisonment and a 200 penalty unit for dangerous driving.
However, since the sentences are to run from the day of his arrest, he is set to walk away a free man in a little over a week.
Thomas Osei was charged with six counts of offences including dangerous driving, negligently causing harm, driving under the influence of alcohol, failing to give way to presidential convoy and the use of narcotic drug without lawful authority.
The court however found him guilty of only dangerous driving, negligently causing harm and failing to give way to a presidential convoy, but acquitted and discharged him on the charges of using narcotic drug without lawful authority and driving under the influence of alcohol.
The court further fined him 2000 penalty unit for damages to the President's vehicle and ordered that his driver's license should be withdrawn for 3 years. He is is also to pay a 150 penalty unit for counts 2, 3 and 5, or in default go to jail for 3 months. All the charges under count one shall run consecutively but that of count 2, 3 and 5 shall run concurrently.
The court also ordered that the service passport of Thomas Osei which is in the possession of the Immigration Service should not be handed over to him. He was asked to formally apologise to the President and the people of Ghana.
The sentence is to take effect from the day Osei was put in legal custody, and since he has been in lawful custody for 8 months already he will walk away a free man in a few days.
Passing judgment, the court pointed out that there were inconsistencies in the evidence of the first three prosecution witnesses during their cross examination, he cannot say that they were coached as was suggested by the defence.
The judge said under the provisions of the Road Traffic Act, Act 683 and the Ghana Highway Code, the accused is not only under obligation to protect human life on the road but has to observe all precaution. He said Osei did not take a proper look out at the intersection before moving. He said a driver must always approach an intersection with caution before proceeding, noting "the accused person in my view failed to observe all these."
Justice Ayebi said by rolling up the glasses of his vehicle, Osei disabled himself from hearing the siren of the presidential convoy and thereby endangered the life of the convoy when he refused to abide by the rules of the road. The judge found Osei’s evidence that he could not see any traffic warden at the intersection not acceptable.
However on the charges of using narcotic drug without lawful authority and driving under the influence of alcohol, the court said the prosecution failed to prove their case beyond any reasonable doubt.
The facts of the case are that at about 11:30 am on November 14, Osei, who was driving a Mercedes Benz SE 500 saloon car with registration number GT 2989 W was in the inner lane along the South Liberation Link from AFGO towards 37 Military Hospital.
When he arrived at the Opeibea traffic light, he ignored the siren of the presidential convoy and drove straight into the rear offside portion of the President’s Mercedes Benz 550 saloon car. The impact forced the President’s vehicle to spin around and hit a light pole on the central reserve.
The President’s vehicle fell on its right side and landed on a VW Golf saloon car with registration number GW 8750 K. All the vehicles were damaged and the drivers, who sustained injuries, were rushed to the 37 Military Hospital. The President however escaped unhurt.
06/08/2008
An Accra Fast Track High Court presided over by Justice Emmanuel Ayebi yesterday sentenced Thomas Osei, the man standing trial for driving his Mercedes Benz car into the convoy of President Kufuor last year, near the Opeibea House, Accra, to nine months imprisonment and a 200 penalty unit for dangerous driving.
However, since the sentences are to run from the day of his arrest, he is set to walk away a free man in a little over a week.
Thomas Osei was charged with six counts of offences including dangerous driving, negligently causing harm, driving under the influence of alcohol, failing to give way to presidential convoy and the use of narcotic drug without lawful authority.
The court however found him guilty of only dangerous driving, negligently causing harm and failing to give way to a presidential convoy, but acquitted and discharged him on the charges of using narcotic drug without lawful authority and driving under the influence of alcohol.
The court further fined him 2000 penalty unit for damages to the President's vehicle and ordered that his driver's license should be withdrawn for 3 years. He is is also to pay a 150 penalty unit for counts 2, 3 and 5, or in default go to jail for 3 months. All the charges under count one shall run consecutively but that of count 2, 3 and 5 shall run concurrently.
The court also ordered that the service passport of Thomas Osei which is in the possession of the Immigration Service should not be handed over to him. He was asked to formally apologise to the President and the people of Ghana.
The sentence is to take effect from the day Osei was put in legal custody, and since he has been in lawful custody for 8 months already he will walk away a free man in a few days.
Passing judgment, the court pointed out that there were inconsistencies in the evidence of the first three prosecution witnesses during their cross examination, he cannot say that they were coached as was suggested by the defence.
The judge said under the provisions of the Road Traffic Act, Act 683 and the Ghana Highway Code, the accused is not only under obligation to protect human life on the road but has to observe all precaution. He said Osei did not take a proper look out at the intersection before moving. He said a driver must always approach an intersection with caution before proceeding, noting "the accused person in my view failed to observe all these."
Justice Ayebi said by rolling up the glasses of his vehicle, Osei disabled himself from hearing the siren of the presidential convoy and thereby endangered the life of the convoy when he refused to abide by the rules of the road. The judge found Osei’s evidence that he could not see any traffic warden at the intersection not acceptable.
However on the charges of using narcotic drug without lawful authority and driving under the influence of alcohol, the court said the prosecution failed to prove their case beyond any reasonable doubt.
The facts of the case are that at about 11:30 am on November 14, Osei, who was driving a Mercedes Benz SE 500 saloon car with registration number GT 2989 W was in the inner lane along the South Liberation Link from AFGO towards 37 Military Hospital.
When he arrived at the Opeibea traffic light, he ignored the siren of the presidential convoy and drove straight into the rear offside portion of the President’s Mercedes Benz 550 saloon car. The impact forced the President’s vehicle to spin around and hit a light pole on the central reserve.
The President’s vehicle fell on its right side and landed on a VW Golf saloon car with registration number GW 8750 K. All the vehicles were damaged and the drivers, who sustained injuries, were rushed to the 37 Military Hospital. The President however escaped unhurt.
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