JULY 26, 2008 (LEAD STORY)
r the court to hand deterrent sentences.
Commenting on the disappearance of the cocaine, Mr Justice Yeboah said the conduct of narcotic officials during the apprehension of the accused persons was incomprehensible.
He wondered why five parcels out of the 30 seized got missing and recommended that the appropriate authorities should ensure that the truth was eventually unearthed.
The court held that Dawson had prior knowledge that the vessel was to be used to cart cocaine from Liberian waters and, accordingly, dismissed his claim of innocence.
Citing authorities to buttress its decision, the trial judge submitted that Sheriff deliberately left one parcel of cocaine, weighing 30 kilogrammes, to pay Dawson, who had hired out the vessel to Sheriff without receiving a supposed payment of $150,000.
The court said credible prosecution witnesses had led enough evidence to prove that Dawson, who is the Managing Director of Dashment Company Limited in Tema, failed to register the crew members and the whereabouts of the vessel with the maritime authority, as was required by law, in order to further his diabolic interest.
It said Dawson’s own defence proved that many shady agreements had been signed to facilitate the carting of the narcotic drug.
The court held, for instance, that it had emerged that Dawson’s father appended his signature to the charter agreement with Sheriff when Dawson had earlier claimed he was solely in charge of running the daily affairs of the company, while his father was only an advisor.
It further held that it was also bizarre for Dawson and his cronies to have fraudulently used the name of Evans Charwatey, a prosecution witness, in the signing of the charter agreement when Dawson knew Sheriff’s name was not Evans Charwatey.
According to the court, Charwatey’s evidence and the record of proceedings proved that Charwatey had no dealings with the daily affairs of the company and for that matter Dawson and his cronies had used Charwatey’s name to cover up their shady deals.
He said records available abundantly proved that the vessel’s name was changed from MV Benjamin to Adede II as part of efforts by the convicts to cover up what it termed their “ill-fated journey”.
Touching on the other convicts, the court held that the prosecution led sufficient evidence to prove that Isaac, Philip, Li and Xiang helped in offloading cocaine onto the vessel on Liberian waters in March 2006.
With reference to Isaac, the court said it found it strange for a sailor with 20 years’ experience to call a sack and a cloth as cartons and to further lie on oath when he said the cartons he helped to offload contained fish and not cocaine.
It said the defence of innocence put up by Isaac was an afterthought, especially when the prosecution had proved his guilt beyond reasonable doubt.
Turning to Philip, the court said evidence adduced had exposed him of having a guilty mind which he had wanted to cover up.
It further held that the prosecution led evidence to prove that Li and Xing also assisted in offloading the cocaine from two canoes on Liberian waters onto the MV Benjamin.
It said the court had unravelled the role each of the convicts had played in carting the cocaine and for that matter it was satisfied that the prosecution had been able to prove a case against each of them.
Touching on Sheriff’s impounded vehicles, the court said although he was on the run, he had not been charged before it.
It said it, therefore, found it difficult to make formal orders for the vehicles to be impounded.
It also said it could not order the seizure of the vessel because the issue of ownership had arisen and it was not clear whether or not it belonged to Dawson or one Mr Bae.
Counsel for the convicts pleaded for leniency but the court was of the view that the narcotic drug menace in the country was a problem and it was, therefore, important for the court to give deterrent sentences.
Lawyers of the convicts have indicated that they will appeal against their conviction.
Thirteen prosecution witnesses testified against the accused persons in the trial which began in November 2006 and ended in March 2008.
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