Monday, December 31, 2007

Accused disagrees with investigator

December 19, 2007 (Page 14)

Story: Mabel Aku Baneseh

THERE was disagreement between an accused person who is standing trial for allegedly attempting to export 60 cans containing cocaine to the United Kingdom and an investigator in the case.
Although the cans were labelled as GhanaFresh Palmnut Cream concentrate, they were later found to contain cocaine.
While the accused person, Emmanuel Darkey, 50, insisted that Mr James Arthur Hutchful, an official of the Narcotics Control Board (NACOB), had told the court a pack of lies in connection with his (Mr Hutchful’s) evidence against him, Mr Hutchful persisted that he was speaking the truth.
It all started when the trial judge asked the accused person whether or not he had any questions for Mr Hutchful, who had then completed giving his evidence-in-chief, as well as answered questions under cross-examination.
Darkey is currently standing trial at the Accra Fast Track High Court and has pleaded not guilty to one count of attempting to export narcotic drug.
He is currently in custody.
Mr Hutchful had informed the court that the accused person had claimed ownership of the 60 cans but Darkey denied ever making such an admission.
The following transpired between Mr Hutchful and Darkey:
Darkey: Are you sure I told you I gave the cans to the freight forwarder for shipment?
Mr Hutchful: Yes, I am.
Darkey: You are telling lies to the court. You never asked my name or whether or not I was the owner of the cans.
Mr Hutchful: I am telling the truth to the court. I asked your name. You also told me you were the owner of the 60 cans.
Darkey: There were 20 cartons and not three. (Darkey stated this in answer to Mr Hutchful’s earlier evidence that he (Mr Hutchful) had been given three boxes containing the 60 cans to inspect and conduct a field test.)
Mr Hutchful: The boxes were three and not 20.
Darkey: Do you know there were pressmen who were taking pictures when I was at the BNI? Did you know the Director of the BNI entered the room where we were?
Mr Hutchful: I did not see any press man. I did not see the Director of the BNI come into the room.
Darkey: Did you hear the Director of the BNI asking us to help trace the owner of the cocaine? (Darkey was referring to himself and Kirk Patrick Akoto Bekoe, a freight forwarder who had been earlier arrested with Darkey but had been discharged and has since been used as a prosecution witness against Darkey).
Mr Hutchful: I did not see the Director of the BNI enter the room or hear him say anything.
Mr Hutchful had earlier informed the court in his evidence-in-chief that he conducted a field test on one of the cans and the substance tested positive for cocaine.
He said all the 60 cans were later packed into a big box and sealed, in the presence of the accused person and other people present in the room.
During cross-examination by the defence, the witness informed the court that he had been conducting field tests for the past 16 years, adding that he did not open the other cans to test.
According to him, it was a normal procedure not to test everything and he further explained that the substance was tested in the presence of the accused person and others.
A Principal Scientific Officer of the Ghana Standards Board (GSB), Mr James Ataki, informed the court in his evidence- in-chief that the contents of the 10 cans which were opened tested positive for cocaine.
He said the gross weight of the 60 cans which were sent to the GSB by the BNI was 60,000 grammes, while the net weight was 54,000 grammes.
Mr Ataki said the cocaine tested 65.1 per cent for purity.
Answering questions under cross-examination, Mr Ataki informed the court that 10 out of the 60 cans were opened, adding that he submitted the report on the test conducted on December 10, 2007.
The evidence of a fourth prosecution witness was heard in camera, after the court announced, at the instance of the prosecution, that all other persons, except the prosecution, the defence, the accused person and security officials, should remain in the court room.
Bekoe, 28, who was charged with unlawful possession of narcotic drugs with Darkey, has since been discharged.
He was discharged by the Greater Accra Regional Tribunal on November 30, 2007, after the Attorney-General’s Department had filed a nolle prosequi to discontinue with his prosecution.
Bekoe is now a prosecution witness and has since testified against Darkey.

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