Tuesday, June 30, 2009 (Page 3 Lead)
THE policeman who is alleged to have led a gang of policemen and civilians to rob a businessman has denied assaulting the businessman.
Thomas Adu, a Chief Inspector, told the court that it was rather one of the accused persons, Constable Ken Duodu Acheampong, and a soldier, who assaulted the businessman, Mr Kwaku Duah.
Acheampong and the said soldier, whose name has not been provided to the Circuit Court hearing the case, are currently on the run.
Adu is standing trial with Deputy Superintendent of Police (DSP) Patrick Kwapong of the Rapid Response Unit of the Ghana Police Service, Sergeant John Agyapong, Corporal Lawrence Dennis Quansah, Lance Corporal Karimu Muntari, Constable Benjamin Blejumah, Aams Amanor, Kwasi Tawiah, Peter Kwame Gyasi and Bismark Ampofo.
Adu and the other accused persons have been accused of playing various roles in the attack and robbery of the businessman, Mr Kwaku Duah.
Chief Inspector Adu, Sergeant Agyapong, Corporal Quansah, Lance Corporal Muntari, Constable Blejumah, Amanor, Tawiah, Gyasi and Ampofo are charged with conspiracy and robbery.
DSP Kwapong has been charged with two counts of conspiracy and stealing.
Acheampong, Jeffrey Kwame Attah, aka Kay, and three others whose names have not been provided are on the run.
The accused persons have pleaded not guilty to the charges and have been refused bail by the court, presided over by Mr Mahamadu Iddrisu.
They were alleged to have robbed Mr Duah, who lives in Europe, at a hotel in Accra and taken away $53,000, €1,000 and GH¢2,000. They were also alleged to have robbed the victim of a black bag containing two compact disc Walkman players, a set of keys, a digital camera, a cheque book and other items, all valued at $4,000.
According to Adu, who spoke through an interpreter, he was sent by his superior officer, DSP Kwapong, to check on an alleged illegal business at the hotel and not to assault the businessman, Mr Kwaku Duah, as was suggested by the Chief State Attorney.
Answering questions under cross-examination from a Chief State Attorney, Ms Cynthia Lamptey, Adu said Mr Duah had explained that he (Mr Duah) had a bleeding nose as a result of jumping through a window at the hotel.
He also denied removing an envelope containing money from Mr Duah’s pocket and further explained that he rather gave Mr Duah a handkerchief to wipe off blood that was oozing from his (Mr Duah’s) nose.
Adu also denied uttering romantic words to a lover after assaulting Mr Duah, adding that he did not act with the others to commit crime.
Answering questions under cross-examination from counsel for Kwapong, Mr Ellis Owusu Fordjour, the accused person told the court that it was lawful to obey a command from a superior officer.
Adu told the court during cross-examination from counsel for Blejumah, Mr Dela Blagogee, that he did not see Blejumah when he took Mr Duah to the Tesano Police Depot on the instructions of Kwapong.
The accused person also told the court that he had not met Tawiah, Gyasi and Ampofo, prior to the incident.
Answering questions under cross-examination from Mr Geoffrey Osafo-Osei, counsel for Tawiah, Gyasi and Ampofo, the accused person said the three were not present at the hotel when Mr Duah was assaulted and robbed.
When Quansah asked Adu why he (Adu) asked him (Quansah) to sit in Jeffrey’s car from the hotel to Tesano Police Depot instead of the Mercedes Benz they had all arrived in at the hotel, Adu explained that it was because he (Adu) did not know Jeffrey who had claimed to be an informant for DSP Kwapong.
Tuesday, June 30, 2009
Monday, June 29, 2009
Policeman on trial denies wrongdoing
Monday, June 22, 2009 (Page 55)
THE policeman who is alleged to have led a gang of policemen and civilians to rob a businessman has denied any wrongdoing.
According to Chief Inspector Thomas Adu, he neither conspired nor committed robbery with any of the accused persons, namely, Deputy Superintendent of Police (DSP) Patrick Kwapong of the Rapid Response Unit of the Ghana Police Service, Sergeant John Agyapong, Corporal Lawrence Dennis Quansah, Lance Corporal Karimu Muntari, Constable Benjamin Blejumah, Aams Amanor, Kwasi Tawiah, Peter Kwame Gyasi and Bismark Ampofo.
Adu and the other accused persons have been accused of playing various roles in the attack and robbery of the businessman, Mr Kwaku Duah.
Chief Inspector Adu, Sergeant Agyapong, Corporal Quansah, Lance Corporal Muntari, Constable Blejumah, Amanor, Tawiah, Gyasi, aka Kwame Tawiah, and Ampofo are charged with conspiracy and robbery.
DSP Kwapong has been charged with one count of conspiracy and stealing.
Constable Ken Duodu Acheampong, Jeffrey Kwame Attah, aka Kay, and three others whose names have not been provided are on the run.
The accused persons have pleaded not guilty to the charges and have been refused bail by the court, presided over by Mr Mahamadu Iddrisu.
They were alleged to have robbed Mr Duah, who lives in Europe, at a hotel in Accra and took away $53,000, €1,000 and GH¢2,000. They were also alleged to have robbed the victim of a black bag containing two compact disc Walkman players, a set of keys, a digital camera, a cheque book and other items, all valued at $4,000.
Led by his , Mr Kwame Nyankon-Tetteh, to give his evidence-in-chief, Adu told the court that between 10 and 10.30 a.m. on February 2, 2009 he, Agyapong and Quansah were on their way to eat when he (Adu) received a call from DSP Kwapong instructing him to go to the hotel where Mr Duah lodged.
He said he asked Agyapong, who was by then driving a Mercedes Benz saloon car, to drive towards the hotel and on reaching there he saw Blejumah at the hotel’s reception but Blejumah could not answer his (Adu’s) question on whether or not he (Blejumah) was on duty.
According to the accused person, he also saw a soldier and a policeman heckling a young man who later turned out to be Mr Duah, adding that he and Quansah asked why Mr Duah was being heckled and they were told that Mr Duah was suspected for dealing in narcotic drugs.
He said the soldier and the policeman told him that they were from national security, adding that he also saw Jeffrey, who later turned out to be the person who had called DSP Kwapong to inform him (DSP Kwapong) that Mr Duah dealt illegally in gold and drugs.
Adu informed the court that he later found out that Mr Duah neither dealt in drugs nor illegal gold business, adding that he did not see the hotel manager who had earlier testified in the case.
The accused person told the court that he informed the soldier, the policeman, Jeffrey and Mr Duah that his superior officer, DSP Kwapong, needed to see all of them at his (DSP Kwapong’s) office.
He said on their way to Kwapong’s office, he realised that Mr Duah was bleeding from his nostrils and Mr Duah told him (Adu) that his bleeding was the result of his (Mr Duah) having jumped through a window, in the process of which his nose hit the side of the window.
Adu also informed the court that on reaching DSP Kwapong’s office, Jeffrey told DSP Kwapong that he (Jeffrey) was the informant who had called earlier to accuse Mr Duah of illegal dealings.
He said Jeffrey insisted that Mr Duah should be locked up but Kwapong said that could not be done because nothing incriminated Mr Duah to warrant his detention.
The accused person told the court that Mr Duah reported that his (Mr Duah’s) cellular phone had been taken by Jeffrey and Kwapong asked Jeffrey to return it. He said Jeffrey obliged and returned the cellular phone to Mr Duah.
He also stated that Mr Duah later said Jeffrey had taken his (Mr Duah’s) $25,000 and he, therefore, needed police assistance to retrieve it.
Adu said several calls from him and Kwapong to Jeffrey to return the $25,000 proved futile, adding that he did not make entries of the day’s activities in the station diary because he was awaiting instructions from Kwapong.
During cross-examination from counsel for Agyapong, Mr Charles Lwanga Puozing, the accused person told the court that Agyapong did not get down from the vehicle both at the hotel and on reaching Kwapong’s office.
He said Agyapong did not witness what happened at the hotel or at Kwapong’s office.
Hearing continues on July 2, 2009.
THE policeman who is alleged to have led a gang of policemen and civilians to rob a businessman has denied any wrongdoing.
According to Chief Inspector Thomas Adu, he neither conspired nor committed robbery with any of the accused persons, namely, Deputy Superintendent of Police (DSP) Patrick Kwapong of the Rapid Response Unit of the Ghana Police Service, Sergeant John Agyapong, Corporal Lawrence Dennis Quansah, Lance Corporal Karimu Muntari, Constable Benjamin Blejumah, Aams Amanor, Kwasi Tawiah, Peter Kwame Gyasi and Bismark Ampofo.
Adu and the other accused persons have been accused of playing various roles in the attack and robbery of the businessman, Mr Kwaku Duah.
Chief Inspector Adu, Sergeant Agyapong, Corporal Quansah, Lance Corporal Muntari, Constable Blejumah, Amanor, Tawiah, Gyasi, aka Kwame Tawiah, and Ampofo are charged with conspiracy and robbery.
DSP Kwapong has been charged with one count of conspiracy and stealing.
Constable Ken Duodu Acheampong, Jeffrey Kwame Attah, aka Kay, and three others whose names have not been provided are on the run.
The accused persons have pleaded not guilty to the charges and have been refused bail by the court, presided over by Mr Mahamadu Iddrisu.
They were alleged to have robbed Mr Duah, who lives in Europe, at a hotel in Accra and took away $53,000, €1,000 and GH¢2,000. They were also alleged to have robbed the victim of a black bag containing two compact disc Walkman players, a set of keys, a digital camera, a cheque book and other items, all valued at $4,000.
Led by his , Mr Kwame Nyankon-Tetteh, to give his evidence-in-chief, Adu told the court that between 10 and 10.30 a.m. on February 2, 2009 he, Agyapong and Quansah were on their way to eat when he (Adu) received a call from DSP Kwapong instructing him to go to the hotel where Mr Duah lodged.
He said he asked Agyapong, who was by then driving a Mercedes Benz saloon car, to drive towards the hotel and on reaching there he saw Blejumah at the hotel’s reception but Blejumah could not answer his (Adu’s) question on whether or not he (Blejumah) was on duty.
According to the accused person, he also saw a soldier and a policeman heckling a young man who later turned out to be Mr Duah, adding that he and Quansah asked why Mr Duah was being heckled and they were told that Mr Duah was suspected for dealing in narcotic drugs.
He said the soldier and the policeman told him that they were from national security, adding that he also saw Jeffrey, who later turned out to be the person who had called DSP Kwapong to inform him (DSP Kwapong) that Mr Duah dealt illegally in gold and drugs.
Adu informed the court that he later found out that Mr Duah neither dealt in drugs nor illegal gold business, adding that he did not see the hotel manager who had earlier testified in the case.
The accused person told the court that he informed the soldier, the policeman, Jeffrey and Mr Duah that his superior officer, DSP Kwapong, needed to see all of them at his (DSP Kwapong’s) office.
He said on their way to Kwapong’s office, he realised that Mr Duah was bleeding from his nostrils and Mr Duah told him (Adu) that his bleeding was the result of his (Mr Duah) having jumped through a window, in the process of which his nose hit the side of the window.
Adu also informed the court that on reaching DSP Kwapong’s office, Jeffrey told DSP Kwapong that he (Jeffrey) was the informant who had called earlier to accuse Mr Duah of illegal dealings.
He said Jeffrey insisted that Mr Duah should be locked up but Kwapong said that could not be done because nothing incriminated Mr Duah to warrant his detention.
The accused person told the court that Mr Duah reported that his (Mr Duah’s) cellular phone had been taken by Jeffrey and Kwapong asked Jeffrey to return it. He said Jeffrey obliged and returned the cellular phone to Mr Duah.
He also stated that Mr Duah later said Jeffrey had taken his (Mr Duah’s) $25,000 and he, therefore, needed police assistance to retrieve it.
Adu said several calls from him and Kwapong to Jeffrey to return the $25,000 proved futile, adding that he did not make entries of the day’s activities in the station diary because he was awaiting instructions from Kwapong.
During cross-examination from counsel for Agyapong, Mr Charles Lwanga Puozing, the accused person told the court that Agyapong did not get down from the vehicle both at the hotel and on reaching Kwapong’s office.
He said Agyapong did not witness what happened at the hotel or at Kwapong’s office.
Hearing continues on July 2, 2009.
Supreme Court to decide on lotto case July 22
Monday, June 29, 2009 (Page 53)
THE Supreme Court will on Wednesday, July 22, 2009 decide whether or not the Accra Fast Track High Court exceeded its authority in allowing the Ghana Lotto Operators Association (GLOA) and six others to operate private lotto in the country.
The court, presided over by Mr Justice William Atuguba, fixed the date after counsel for the National Lottery Authority (NLA), Mr Kizito Beyuo, and counsel for GLOA, Mr Aurelius Awuku, had argued their cases.
The other members of the panel were Professor Justice S.K. Date-Bah, Mr Justice Julius Ansah, Mr Justice Annin Yeboah and Mr Justice P. Baffoe-Bonnie.
According to the NLA, the lower court did not have the jurisdiction to authorise GLOA and the six others to continue with their private lotto operations pending the determination of an appeal against an earlier ruling that had outlawed private lotto, but the respondents described the NLA’s application as “frivolous, misconceived and a complete abuse of the supervisory jurisdiction of the Supreme Court”.
On April 1, 2009, the Accra Fast Track High Court, presided over by Mr Justice Edward Amoako Asante, gave the nod to private lotto operators to function until the Court of Appeal determined otherwise.
In staying its earlier decision that outlawed private lotto in the country, the court stated that GLOA and the six others had raised issues that needed to be heard by the Court of Appeal on their merit.
It, accordingly, restrained the NLA from interfering with the property rights of the applicants, adding that the court agreed with applicants’ assertion that there were issues to be looked into and, therefore, it was only fair to maintain the status quo of the applicants.
Not satisfied with the court’s decision, the NLA went to the Supreme Court to invoke its supervisory jurisdiction for an order of certiorari to quash the decision of the Fast Track High Court.
Arguing on behalf of the NLA, Mr Beyuo said the Fast Track Court exceeded its jurisdiction when it gave the respondents the mandate to operate illegally
He said with the passage of the Lotto Act (NLA) Act 2006, Act 722, it was illegal to operate any form of private lotto and for that matter the trial judge erred when he sanctioned private lotto operations in the country.
However, counsel for GLOA, Mr Awuku, opposed the application and stated that the court did not act in excess of its jurisdiction.
He said the court had the power to grant or refuse an application for injunction.
Counsel also stated that assuming there was an error on the part of the trial judge, the applicants should have gone on appeal and not to the Supreme Court.
He also pointed out that his clients had applied for licence to operate but the NLA had not issued them the licences due to the court battle between them.
THE Supreme Court will on Wednesday, July 22, 2009 decide whether or not the Accra Fast Track High Court exceeded its authority in allowing the Ghana Lotto Operators Association (GLOA) and six others to operate private lotto in the country.
The court, presided over by Mr Justice William Atuguba, fixed the date after counsel for the National Lottery Authority (NLA), Mr Kizito Beyuo, and counsel for GLOA, Mr Aurelius Awuku, had argued their cases.
The other members of the panel were Professor Justice S.K. Date-Bah, Mr Justice Julius Ansah, Mr Justice Annin Yeboah and Mr Justice P. Baffoe-Bonnie.
According to the NLA, the lower court did not have the jurisdiction to authorise GLOA and the six others to continue with their private lotto operations pending the determination of an appeal against an earlier ruling that had outlawed private lotto, but the respondents described the NLA’s application as “frivolous, misconceived and a complete abuse of the supervisory jurisdiction of the Supreme Court”.
On April 1, 2009, the Accra Fast Track High Court, presided over by Mr Justice Edward Amoako Asante, gave the nod to private lotto operators to function until the Court of Appeal determined otherwise.
In staying its earlier decision that outlawed private lotto in the country, the court stated that GLOA and the six others had raised issues that needed to be heard by the Court of Appeal on their merit.
It, accordingly, restrained the NLA from interfering with the property rights of the applicants, adding that the court agreed with applicants’ assertion that there were issues to be looked into and, therefore, it was only fair to maintain the status quo of the applicants.
Not satisfied with the court’s decision, the NLA went to the Supreme Court to invoke its supervisory jurisdiction for an order of certiorari to quash the decision of the Fast Track High Court.
Arguing on behalf of the NLA, Mr Beyuo said the Fast Track Court exceeded its jurisdiction when it gave the respondents the mandate to operate illegally
He said with the passage of the Lotto Act (NLA) Act 2006, Act 722, it was illegal to operate any form of private lotto and for that matter the trial judge erred when he sanctioned private lotto operations in the country.
However, counsel for GLOA, Mr Awuku, opposed the application and stated that the court did not act in excess of its jurisdiction.
He said the court had the power to grant or refuse an application for injunction.
Counsel also stated that assuming there was an error on the part of the trial judge, the applicants should have gone on appeal and not to the Supreme Court.
He also pointed out that his clients had applied for licence to operate but the NLA had not issued them the licences due to the court battle between them.
Friday, June 26, 2009
Police officer to open defence today
Friday, June 26, 2009 (Page 3 Lead)
THE police officer who is alleged to have led a gang of police officers and civilians to attack and rob a businessman at a hotel on February 2, 2009 is expected to open his defence at the Accra Circuit Court today.
Chief Inspector Thomas Adu is currently standing trial with Deputy Superintendent of Police (DSP) Patrick Kwapong of the Rapid Response Unit of the Ghana Police Service, Sergeant John Agyapong, Corporal Lawrence Dennis Quansah, Lance Corporal Karimu Muntari, Constable Benjamin Blejumah, Aams Amanor, Kwasi Tawiah, Peter Kwame Gyasi and Bismark Ampofo for playing various roles in the attack and robbery of the businessman, Mr Kwaku Duah.
DSP Kwapong, who has since opened his defence and completed his evidence-in-chief, is expected to be re-examined by counsel for Aams Amanor who was absent in court yesterday.
He was cross-examined by Amanor but the court decided to give Amanor's counsel the chance to re-examine DSP Kwapong to pave the way for Adu to open his defence and state his side of the story.
DSP Kwapong has been charged with one count of conspiracy, while Chief Inspector Adu, Sergeant Agyapong, Corporal Quansah, Lance Corporal Muntari, Constable Blejumah, Amanor, Tawiah, Gyasi, aka Kwame Tawiah, and Ampofo are charged with conspiracy and robbery.
Constable Ken Duodu Acheampong, Jeffrey Kwame Attah, aka Kay, and three others whose names have not been provided are on the run.
The accused persons have pleaded not guilty to the charges and have been refused bail by the court, presided over by Mr Mahamadu Iddrisu.
They were alleged to have robbed Mr Duah, who lives in Europe, at a hotel in Accra and taken away $53,000, €1,000 and GH¢2,000.
They were also alleged to have robbed the victim of a black bag containing two compact disc Walkman players, a set of keys, a digital camera, a cheque book and other items, all valued at $4,000.
Earlier at the court's sitting yesterday, DSP Kwapong told the court during cross-examination from counsel for Adu, Mr Kwame Nyankon-Tetteh, that he had instructed Adu to act upon information that Mr Duah was allegedly dealing illegally in cocaine and gold.
He also stated that he did not know Adu's schedule that day and further indicated that the information he had received on Mr Duah turned out to be otherwise.
Answering questions under cross-examination from counsel for Quansah, Mr Ekow Korsah, the accused person denied that he had instructed Quansah to take pictures of Mr Duah.
He also told the court during cross-examination from Mr Dela Blagodzi, counsel for Blejumah, that he did not see Blejumah at the Tesano Police Depot Officers Mess on February 2, 2009 when Mr Duah was brought before him (DSP Kwapong).
DSP Kwapong told the court during cross-examination from Mr Geoffrey Osafo-Osei, counsel for Tawiah, Gyasi and Ampofo, that the information he had was that the three (Tawiah, Gyasi and Ampofo) were not present at the hotel.
He also told the court during cross-examination from Amanor that he (DSP Kwapong) did not know Amanor before February 2, 2009.
THE police officer who is alleged to have led a gang of police officers and civilians to attack and rob a businessman at a hotel on February 2, 2009 is expected to open his defence at the Accra Circuit Court today.
Chief Inspector Thomas Adu is currently standing trial with Deputy Superintendent of Police (DSP) Patrick Kwapong of the Rapid Response Unit of the Ghana Police Service, Sergeant John Agyapong, Corporal Lawrence Dennis Quansah, Lance Corporal Karimu Muntari, Constable Benjamin Blejumah, Aams Amanor, Kwasi Tawiah, Peter Kwame Gyasi and Bismark Ampofo for playing various roles in the attack and robbery of the businessman, Mr Kwaku Duah.
DSP Kwapong, who has since opened his defence and completed his evidence-in-chief, is expected to be re-examined by counsel for Aams Amanor who was absent in court yesterday.
He was cross-examined by Amanor but the court decided to give Amanor's counsel the chance to re-examine DSP Kwapong to pave the way for Adu to open his defence and state his side of the story.
DSP Kwapong has been charged with one count of conspiracy, while Chief Inspector Adu, Sergeant Agyapong, Corporal Quansah, Lance Corporal Muntari, Constable Blejumah, Amanor, Tawiah, Gyasi, aka Kwame Tawiah, and Ampofo are charged with conspiracy and robbery.
Constable Ken Duodu Acheampong, Jeffrey Kwame Attah, aka Kay, and three others whose names have not been provided are on the run.
The accused persons have pleaded not guilty to the charges and have been refused bail by the court, presided over by Mr Mahamadu Iddrisu.
They were alleged to have robbed Mr Duah, who lives in Europe, at a hotel in Accra and taken away $53,000, €1,000 and GH¢2,000.
They were also alleged to have robbed the victim of a black bag containing two compact disc Walkman players, a set of keys, a digital camera, a cheque book and other items, all valued at $4,000.
Earlier at the court's sitting yesterday, DSP Kwapong told the court during cross-examination from counsel for Adu, Mr Kwame Nyankon-Tetteh, that he had instructed Adu to act upon information that Mr Duah was allegedly dealing illegally in cocaine and gold.
He also stated that he did not know Adu's schedule that day and further indicated that the information he had received on Mr Duah turned out to be otherwise.
Answering questions under cross-examination from counsel for Quansah, Mr Ekow Korsah, the accused person denied that he had instructed Quansah to take pictures of Mr Duah.
He also told the court during cross-examination from Mr Dela Blagodzi, counsel for Blejumah, that he did not see Blejumah at the Tesano Police Depot Officers Mess on February 2, 2009 when Mr Duah was brought before him (DSP Kwapong).
DSP Kwapong told the court during cross-examination from Mr Geoffrey Osafo-Osei, counsel for Tawiah, Gyasi and Ampofo, that the information he had was that the three (Tawiah, Gyasi and Ampofo) were not present at the hotel.
He also told the court during cross-examination from Amanor that he (DSP Kwapong) did not know Amanor before February 2, 2009.
Thursday, June 25, 2009
Police officer opens defence - in trial of 12 for robbery
Thursday, June 25, 2009 (Page 47)
DEPUTY Superintendent of Police, Patrick Kwapong of the Rapid Response Unit of the Ghana Police Service, who is standing trial with 12 others for allegedly attacking and robbing a businessman on February 2, 2009, has opened his defence at the Accra Circuit Court.
DSP Kwapong has been charged with one count of conspiracy, while Chief Inspector Thomas Adu, Sergeant John Agyapong, Corporal Lawrence Dennis Quansah, Lance Corporal Karimu Muntari, Constable Benjamin Blejumah, Aams Amanor, Kwasi Tawiah, Peter Kwame Gyasi, a.ka. Kwame Tawiah, and Bismark Ampofo are charged with conspiracy and robbery.
Constable Ken Duodu Acheampong, Jeffrey Kwame Attah, a.k.a Kay and three others, whose names have not been provided are on the run.
They have all pleaded not guilty to the charges and have been refused bail by the court presided over by Mr Mahamadu Iddrisu.
They were alleged to have robbed Mr Duah, who lives in Europe, at a hotel in Accra and taken away $53,000, €1,000 and GH¢2,000.
They were also alleged to have robbed the victim of a black bag containing two compact disc Walkman players, a set of keys, a digital camera, a cheque book and other items, all valued at $4,000.
Led by his counsel, Mr Ellis Owusu Fordjour, to give his evidence-in-chief, DSP Kwapong told the court that he had information that the businessman, Mr Kwaku Duah, was illegally dealing in gold and narcotic drugs.
He said he passed the information on Chief Inspector Adu to follow up on it, because he (DSP Kwapong) was on official duty that day.
According to him, the information that Mr Duah was illegally dealing in narcotics and gold later turned out to be false.
He mentioned Jeffrey as the one who gave him information that Mr Duah was dealing in gold and drugs.
According to DSP Kwapong, Adu called him later and informed him (DSP Kwapong) that he (Adu) had located the hotel where Mr Duah lodged.
He said he enquired whether or not the alleged gold and narcotic drugs were found on Mr Duah, to which Adu said no.
The accused person stated that he, however, asked Adu to bring Mr Duah to the Officers Mess at the Tesano Police Depot, adding that Adu obliged and showed up with Mr Duah, Agyapong, Quansah and Jeffrey.
According to DSP Kwapong, Mr Duah told him (DSP Kwapong) that he was in the country to purchase gold, but Jeffrey insisted that was false and, for that reason, Mr Duah must be locked up and questioned.
He said he decided not to lock him up because Mr Duah did not carry drugs.
Answering questions under cross-examination from Ms Cynthia Lamptey, a Chief State Attorney, the accused person denied that he connived with the others to deprive Mr Duah of his money.
He also denied that he communicated with the other accused persons, adding that it was only Adu with whom he communicated and so there was no physical meeting between him and the other accused persons anywhere.
He also stated that he neither threatened nor demanded money from Mr Duah.
Hearing continues on Thursday, June 25, 2009.
DEPUTY Superintendent of Police, Patrick Kwapong of the Rapid Response Unit of the Ghana Police Service, who is standing trial with 12 others for allegedly attacking and robbing a businessman on February 2, 2009, has opened his defence at the Accra Circuit Court.
DSP Kwapong has been charged with one count of conspiracy, while Chief Inspector Thomas Adu, Sergeant John Agyapong, Corporal Lawrence Dennis Quansah, Lance Corporal Karimu Muntari, Constable Benjamin Blejumah, Aams Amanor, Kwasi Tawiah, Peter Kwame Gyasi, a.ka. Kwame Tawiah, and Bismark Ampofo are charged with conspiracy and robbery.
Constable Ken Duodu Acheampong, Jeffrey Kwame Attah, a.k.a Kay and three others, whose names have not been provided are on the run.
They have all pleaded not guilty to the charges and have been refused bail by the court presided over by Mr Mahamadu Iddrisu.
They were alleged to have robbed Mr Duah, who lives in Europe, at a hotel in Accra and taken away $53,000, €1,000 and GH¢2,000.
They were also alleged to have robbed the victim of a black bag containing two compact disc Walkman players, a set of keys, a digital camera, a cheque book and other items, all valued at $4,000.
Led by his counsel, Mr Ellis Owusu Fordjour, to give his evidence-in-chief, DSP Kwapong told the court that he had information that the businessman, Mr Kwaku Duah, was illegally dealing in gold and narcotic drugs.
He said he passed the information on Chief Inspector Adu to follow up on it, because he (DSP Kwapong) was on official duty that day.
According to him, the information that Mr Duah was illegally dealing in narcotics and gold later turned out to be false.
He mentioned Jeffrey as the one who gave him information that Mr Duah was dealing in gold and drugs.
According to DSP Kwapong, Adu called him later and informed him (DSP Kwapong) that he (Adu) had located the hotel where Mr Duah lodged.
He said he enquired whether or not the alleged gold and narcotic drugs were found on Mr Duah, to which Adu said no.
The accused person stated that he, however, asked Adu to bring Mr Duah to the Officers Mess at the Tesano Police Depot, adding that Adu obliged and showed up with Mr Duah, Agyapong, Quansah and Jeffrey.
According to DSP Kwapong, Mr Duah told him (DSP Kwapong) that he was in the country to purchase gold, but Jeffrey insisted that was false and, for that reason, Mr Duah must be locked up and questioned.
He said he decided not to lock him up because Mr Duah did not carry drugs.
Answering questions under cross-examination from Ms Cynthia Lamptey, a Chief State Attorney, the accused person denied that he connived with the others to deprive Mr Duah of his money.
He also denied that he communicated with the other accused persons, adding that it was only Adu with whom he communicated and so there was no physical meeting between him and the other accused persons anywhere.
He also stated that he neither threatened nor demanded money from Mr Duah.
Hearing continues on Thursday, June 25, 2009.
3 Chinese nationals jailed total of 39 years • For indulging in human trafficking and prostitution
Tuesday, June 23, 2009 (Page 3 Lead)
FOR trafficking their nationals for prostitution, three Chinese nationals were yesterday sentenced to a total of 39 years imprisonment with hard labour by an Accra Circuit Court.
The court found the ringleader, James Xu Jin, his wife, Chou Xiou Ying, and Sam Shan Zifan, James's younger brother, guilty of recruiting, transporting and harbouring the victims for prostitution.
James was sentenced to 17 years imprisonment, while Chou and Sam were sentenced to 12 years imprisonment each.
James was sentenced to two years imprisonment on the charge of conspiracy and 15 years on the charge of human trafficking, while his wife was sentenced to two years imprisonment and 10 years imprisonment on the charges of conspiracy and human trafficking, respectively.
Sam was jailed two years for conspiracy and 10 years for abetment. Their sentences are to run consecutively.
Delivering its judgement in Accra yesterday, the trial judge, Mrs Elizabeth Ankomah, held that the prosecution had proved beyond reasonable doubt that the accused persons acted together to recruit, transport and harbour the girls for prostitution and slammed their defence that they were running a restaurant.
It held that the girls, who were eight in number, were “reduced to the state of slavery” by James and Chou who had deceived the girls into believing that they (girls) were to assist in running a restaurant business in Accra, only for their passports to be seized and for them to be forced into prostitution on arrival.
The court ordered the deportation of the convicts after serving their terms.
It also revoked James’s resident permit and further ordered that his assets should be confiscated to the state.
It also ordered that the $14,560 which was found in James’s house on February 14, 2009, the day of his arrest, must be paid into the human trafficking fund and part must be used to pay the amounts James owed the victims.
According to the court, the victims were recruited from Harbin, a city in China, under the guise that they were to assist Jin and Chou to run a restaurant in Accra for a monthly salary of $500 but on arrival in Ghana they were forced into prostitution.
It said James exploited the poor victims whom he claimed owed him for their airfare and other transport arrangements, seized their passports and also ordered them to pay a penalty of $50 a day anytime they refused to offer sex.
The court further held that James misled officials of the Ghana Investment Promotion Council (GIPC) and the Ghana Immigration Service (GIS) and managed to get documentation to stay in the country to run his prostitution business and not a restaurant, as he had made those institutions to believe.
According to the court, from the totality of the evidence, a tour of the brothel called Peach Blossom Palace and from the evidence of neighbours, it was clearly evident that James and Chou did not run a restaurant, as they had indicated to the court.
It further stated that the names of two restaurants which were registered by James existed on paper only to deceive the GIPC and the GIS, adding that it also found that James and Chou saddled the victims with debts to further exploit them.
The court said it was also obvious that the debt owed by the victims forced them into a state of vulnerability, adding that it was also evident that the victims were put under bondage by the convicts.
It also held that there was overwhelming evidence to the effect that Sam helped James and Chou and acted as the interpreter for the victims and their clients who were mostly Indians, Chinese and Lebanese.
The court found that there was abundant evidence to prove that Sam sometimes drove the victims to meet their clients, opened gates for men to enter the palace, among others, and added that he “aided, facilitated, carried, promoted the act of trafficking and was paid $600 a month”.
An investigative journalist, Mr Anas Aremeyaw Anas, whose seven-month investigations led to the arrest of the accused persons on February 14, 2009, also gave evidence on the activities of the accused persons and produced video and audio tapes on their activities.
Counsel for the convicts, Mr B.O.K. Johnson, said he was yet to receive instructions from his clients on whether or not to appeal against the conviction.
FOR trafficking their nationals for prostitution, three Chinese nationals were yesterday sentenced to a total of 39 years imprisonment with hard labour by an Accra Circuit Court.
The court found the ringleader, James Xu Jin, his wife, Chou Xiou Ying, and Sam Shan Zifan, James's younger brother, guilty of recruiting, transporting and harbouring the victims for prostitution.
James was sentenced to 17 years imprisonment, while Chou and Sam were sentenced to 12 years imprisonment each.
James was sentenced to two years imprisonment on the charge of conspiracy and 15 years on the charge of human trafficking, while his wife was sentenced to two years imprisonment and 10 years imprisonment on the charges of conspiracy and human trafficking, respectively.
Sam was jailed two years for conspiracy and 10 years for abetment. Their sentences are to run consecutively.
Delivering its judgement in Accra yesterday, the trial judge, Mrs Elizabeth Ankomah, held that the prosecution had proved beyond reasonable doubt that the accused persons acted together to recruit, transport and harbour the girls for prostitution and slammed their defence that they were running a restaurant.
It held that the girls, who were eight in number, were “reduced to the state of slavery” by James and Chou who had deceived the girls into believing that they (girls) were to assist in running a restaurant business in Accra, only for their passports to be seized and for them to be forced into prostitution on arrival.
The court ordered the deportation of the convicts after serving their terms.
It also revoked James’s resident permit and further ordered that his assets should be confiscated to the state.
It also ordered that the $14,560 which was found in James’s house on February 14, 2009, the day of his arrest, must be paid into the human trafficking fund and part must be used to pay the amounts James owed the victims.
According to the court, the victims were recruited from Harbin, a city in China, under the guise that they were to assist Jin and Chou to run a restaurant in Accra for a monthly salary of $500 but on arrival in Ghana they were forced into prostitution.
It said James exploited the poor victims whom he claimed owed him for their airfare and other transport arrangements, seized their passports and also ordered them to pay a penalty of $50 a day anytime they refused to offer sex.
The court further held that James misled officials of the Ghana Investment Promotion Council (GIPC) and the Ghana Immigration Service (GIS) and managed to get documentation to stay in the country to run his prostitution business and not a restaurant, as he had made those institutions to believe.
According to the court, from the totality of the evidence, a tour of the brothel called Peach Blossom Palace and from the evidence of neighbours, it was clearly evident that James and Chou did not run a restaurant, as they had indicated to the court.
It further stated that the names of two restaurants which were registered by James existed on paper only to deceive the GIPC and the GIS, adding that it also found that James and Chou saddled the victims with debts to further exploit them.
The court said it was also obvious that the debt owed by the victims forced them into a state of vulnerability, adding that it was also evident that the victims were put under bondage by the convicts.
It also held that there was overwhelming evidence to the effect that Sam helped James and Chou and acted as the interpreter for the victims and their clients who were mostly Indians, Chinese and Lebanese.
The court found that there was abundant evidence to prove that Sam sometimes drove the victims to meet their clients, opened gates for men to enter the palace, among others, and added that he “aided, facilitated, carried, promoted the act of trafficking and was paid $600 a month”.
An investigative journalist, Mr Anas Aremeyaw Anas, whose seven-month investigations led to the arrest of the accused persons on February 14, 2009, also gave evidence on the activities of the accused persons and produced video and audio tapes on their activities.
Counsel for the convicts, Mr B.O.K. Johnson, said he was yet to receive instructions from his clients on whether or not to appeal against the conviction.
Man on trial for defilement
Monday, June 22, 2009 (Page 47)
A TWENTY-YEAR-OLD man is standing trial for allegedly defiling an eight-year-old girl.
Mohammed Adjetey Fio allegedly locked up the victim (name withheld) in his room at Teshie, a suburb of Accra, covered her mouth with his palm to stop her from shouting for help and defiled her during the latter part of January 2009.
He has pleaded not guilty to one count of defilement and has been granted bail in the sum of GH¢20,000 with two sureties.
According to the facts of the case, the victim and her three other friends visited the accused person in his room.
The accused person allegedly despatched the victim’s friends and later sent her to purchase 20Gp worth of bread for him.
Upon returning with the bread, Adjetey Fio allegedly grabbed the victim, pushed her on a mattress, covered her mouth with his palm and allegedly had sex with her.
The victim kept the act to herself for fear of a reprisal from her parents until February 7, 2009 when she mustered courage and revealed the act to a witness in the case.
She mentioned the accused person as the one who defiled her.
The victim’s father subsequently lodged a complaint with the police leading to the arrest of the accused person.
The police gave the victim a medical form to attend hospital for examination, which later revealed that she had been defiled.
A prosecution witness has so far testified in the case.
Hearing continues on July 8, 2009.
A TWENTY-YEAR-OLD man is standing trial for allegedly defiling an eight-year-old girl.
Mohammed Adjetey Fio allegedly locked up the victim (name withheld) in his room at Teshie, a suburb of Accra, covered her mouth with his palm to stop her from shouting for help and defiled her during the latter part of January 2009.
He has pleaded not guilty to one count of defilement and has been granted bail in the sum of GH¢20,000 with two sureties.
According to the facts of the case, the victim and her three other friends visited the accused person in his room.
The accused person allegedly despatched the victim’s friends and later sent her to purchase 20Gp worth of bread for him.
Upon returning with the bread, Adjetey Fio allegedly grabbed the victim, pushed her on a mattress, covered her mouth with his palm and allegedly had sex with her.
The victim kept the act to herself for fear of a reprisal from her parents until February 7, 2009 when she mustered courage and revealed the act to a witness in the case.
She mentioned the accused person as the one who defiled her.
The victim’s father subsequently lodged a complaint with the police leading to the arrest of the accused person.
The police gave the victim a medical form to attend hospital for examination, which later revealed that she had been defiled.
A prosecution witness has so far testified in the case.
Hearing continues on July 8, 2009.
Friday, June 19, 2009
Court remands four
Wednesday, June 17, 2009 (Page 31)
THE Accra Circuit court yesterday remanded four persons who allegedly defrauded a British national of £4,000 under fraudulent means popularly known as “Sakawa”.
The suspects, Michael Ivan Kesty, Stephen Dadzie, Godwin Aborge and Julius Nutsukpo, were alleged to have established contacts with the Briton through the Internet as friends but later used that opportunity to extract various sums of money totalling £4,000 from him.
They pleaded not guilty to two counts of conspiracy and defrauding by false pretence and they were remanded to reappear on Monday, June 22, 2009.
At the court’s sitting in Accra, an Assistant Superintendent of Police, Ms Mary Agbozo, prayed the court to remand the accused persons to enable the police to complete investigations into the matter.
The facts of the case were that Michael and Stephen were known by the victim as surveyors based at Kasoa in the Central Region while Godwin and Julius exploited their cordial relationship with the victim to their advantage.
After winning the trust of the victim, Michael and Stephen informed him (victim) that the chief of Gomoa Fetteh and Akoti Village was selling parcels of land to prospective buyers.
The two allegedly mentioned the name of the chief as Baba Musah and assured their victim that they could facilitate the purchase of 5,000 acres for a fee of £100,000.
According to the prosecution, the accused persons allegedly told the victim that 3,000 acres of the land was located at Gomoa Fetteh while 2,000 acres was at Kwasikrom also at Gomoa Fetteh.
They then requested for £10,000 from their victim for the documentation covering the parcels of land. They were also alleged to have informed their victim that the remaining £90,000 was to be paid over nine years in £10,000 instalments yearly.
It said Michael and Stephen then sent a letter via the Internet purportedly signed by the Registrar of the High Court with Chief Baba Musah as witness to the transaction.
According to the prosecution, the victim then sent £1,400 to Michael and Stephen through the money transfer system.
The prosecution stated that Godwin and Julius on their part, informed their victim that their father had suddenly fallen ill with stroke and solicited for £2,600, which the victim sent.
The victim later discussed his transactions on the purchase of the land and his donation to Godwin and Julius, the accused persons, with some London-based Ghanaians.
The prosecution stated that it was during the discussion that the victim was informed that the transactions were fraudulent, adding that the victim then lodged a complaint with the police and under an arrangement, the victim informed the two groups that he had sent £750 to them and asked them to pick it up.
It said a team of detectives laid ambush on the premises of the money transfer organisation and arrested the four men when they showed up to collect the money.
THE Accra Circuit court yesterday remanded four persons who allegedly defrauded a British national of £4,000 under fraudulent means popularly known as “Sakawa”.
The suspects, Michael Ivan Kesty, Stephen Dadzie, Godwin Aborge and Julius Nutsukpo, were alleged to have established contacts with the Briton through the Internet as friends but later used that opportunity to extract various sums of money totalling £4,000 from him.
They pleaded not guilty to two counts of conspiracy and defrauding by false pretence and they were remanded to reappear on Monday, June 22, 2009.
At the court’s sitting in Accra, an Assistant Superintendent of Police, Ms Mary Agbozo, prayed the court to remand the accused persons to enable the police to complete investigations into the matter.
The facts of the case were that Michael and Stephen were known by the victim as surveyors based at Kasoa in the Central Region while Godwin and Julius exploited their cordial relationship with the victim to their advantage.
After winning the trust of the victim, Michael and Stephen informed him (victim) that the chief of Gomoa Fetteh and Akoti Village was selling parcels of land to prospective buyers.
The two allegedly mentioned the name of the chief as Baba Musah and assured their victim that they could facilitate the purchase of 5,000 acres for a fee of £100,000.
According to the prosecution, the accused persons allegedly told the victim that 3,000 acres of the land was located at Gomoa Fetteh while 2,000 acres was at Kwasikrom also at Gomoa Fetteh.
They then requested for £10,000 from their victim for the documentation covering the parcels of land. They were also alleged to have informed their victim that the remaining £90,000 was to be paid over nine years in £10,000 instalments yearly.
It said Michael and Stephen then sent a letter via the Internet purportedly signed by the Registrar of the High Court with Chief Baba Musah as witness to the transaction.
According to the prosecution, the victim then sent £1,400 to Michael and Stephen through the money transfer system.
The prosecution stated that Godwin and Julius on their part, informed their victim that their father had suddenly fallen ill with stroke and solicited for £2,600, which the victim sent.
The victim later discussed his transactions on the purchase of the land and his donation to Godwin and Julius, the accused persons, with some London-based Ghanaians.
The prosecution stated that it was during the discussion that the victim was informed that the transactions were fraudulent, adding that the victim then lodged a complaint with the police and under an arrangement, the victim informed the two groups that he had sent £750 to them and asked them to pick it up.
It said a team of detectives laid ambush on the premises of the money transfer organisation and arrested the four men when they showed up to collect the money.
Case against JB Plaza goes back to court
Wednesday, June 17, 2009 (Page 31)
SETTLEMENT in a case between an Accra-based businesswoman and Chairman of JB Plaza Limited, Kojo Bekoe, who has been arraigned at the Circuit Court in Accra for allegedly issuing false cheques totalling GH¢216,000 as repayment for financial assistance he sought from the businesswoman, has broken down.
The prosecutor, Assistant Superintendent of Police (ASP) George Abavelim, informed the court at its sitting in Accra yesterday that the parties could not reach an agreement.
Counsel for Bekoe had on the last adjourned date prayed the court to give the parties a few days to enable his client to negotiate the terms of payment of the debt he owed Madam Tuffour.
The court, presided over by Mrs Ivy Heward-Mills, obliged and adjourned the case to today but it was informed during its sitting that the parties could not reach an agreement.
The matter was accordingly adjourned to Thursday, June 18, 2009 for full trial.
Bekoe was alleged to have approached the complainant, Madam Tuffour, to offer him financial assistance to enable him to clear his goods at the port.
According to the prosecution, Madam Tuffour subsequently gave the accused person GH¢296,000 to enable him to clear his goods.
Bekoe pleaded not guilty to four counts of issuing false cheques and has been granted bail in the sum of GH¢300,000 with a surety by the court.
According to the facts of the case, during the latter part of 2007, the accused person approached the complainant for financial assistance to enable him to clear his goods at the port.
On December 1, 2007, the complainant gave GH¢296,000 cash to Bekoe who in turn issued post-dated HFC Bank cheques with numbers 005907and 005812 and Zenith Bank cheques numbers 000248 and 000247.
When the cheques were presented on the due dates at the various banks, they were dishonoured on the grounds that there were insufficient funds in the accused person’s accounts to pay the cheques.
Upon realising that the cheques could not be honoured, Madam Tuffour immediately notified the accused person but he did not budge.
Madam Tuffour from then made all necessary efforts with the view of retrieving her money from Bekoe all to no avail.
She, therefore, had no alternative but to report the case to the police, which led to the arrest of Bekoe.
SETTLEMENT in a case between an Accra-based businesswoman and Chairman of JB Plaza Limited, Kojo Bekoe, who has been arraigned at the Circuit Court in Accra for allegedly issuing false cheques totalling GH¢216,000 as repayment for financial assistance he sought from the businesswoman, has broken down.
The prosecutor, Assistant Superintendent of Police (ASP) George Abavelim, informed the court at its sitting in Accra yesterday that the parties could not reach an agreement.
Counsel for Bekoe had on the last adjourned date prayed the court to give the parties a few days to enable his client to negotiate the terms of payment of the debt he owed Madam Tuffour.
The court, presided over by Mrs Ivy Heward-Mills, obliged and adjourned the case to today but it was informed during its sitting that the parties could not reach an agreement.
The matter was accordingly adjourned to Thursday, June 18, 2009 for full trial.
Bekoe was alleged to have approached the complainant, Madam Tuffour, to offer him financial assistance to enable him to clear his goods at the port.
According to the prosecution, Madam Tuffour subsequently gave the accused person GH¢296,000 to enable him to clear his goods.
Bekoe pleaded not guilty to four counts of issuing false cheques and has been granted bail in the sum of GH¢300,000 with a surety by the court.
According to the facts of the case, during the latter part of 2007, the accused person approached the complainant for financial assistance to enable him to clear his goods at the port.
On December 1, 2007, the complainant gave GH¢296,000 cash to Bekoe who in turn issued post-dated HFC Bank cheques with numbers 005907and 005812 and Zenith Bank cheques numbers 000248 and 000247.
When the cheques were presented on the due dates at the various banks, they were dishonoured on the grounds that there were insufficient funds in the accused person’s accounts to pay the cheques.
Upon realising that the cheques could not be honoured, Madam Tuffour immediately notified the accused person but he did not budge.
Madam Tuffour from then made all necessary efforts with the view of retrieving her money from Bekoe all to no avail.
She, therefore, had no alternative but to report the case to the police, which led to the arrest of Bekoe.
Former minister sues BNBI, A-G
Wednesday, June 17, 2009 (Second Lead Story)
A former Minister of Foreign Affairs, Mr Akwasi Osei-Adjei, has dragged the Director of the Bureau of National Investigations (BNI) and the Attorney-General to the High Court for violating his fundamental human rights.
According to Mr Osei-Adjei, the seizure and detention of his passport by officials of the BNI was “flagrantly unlawful and a palpable violation” of his human rights.
He said the BNI had acted “maliciously and in bad faith” and could, therefore, not be trusted to conduct any independent and impartial investigation into the role he played in the importation of rice when he was Minister of Foreign Affairs.
In an application for the enforcement of his fundamental human rights filed at the Human Rights Division of the High Court, Mr Osei-Adjei is praying the court to declare that the seizure of his passport was not constitutional, as well as an abuse of his fundamental human rights.
The application, which was filed on his behalf by his legal counsel, Mr Godfred Yeboah-Dame, is also seeking an order directed at the Director of the BNI to release his passport unconditionally.
The applicant is also seeking an order of prohibition directed at the Attorney-General and the Director of the BNI to restrain them from further curtailment of his right to freedom of movement without a court order.
An affidavit in support of Mr Osei-Adjei’s application stated that on May 20, 2009, he received a call from an official of the BNI requesting him to report and clarify some issues on an alleged importation of rice by the National Investment Bank (NIB).
According to the affidavit, the former minister stated in full what he knew about the alleged rice importation, adding that he was permitted to leave without any charge being preferred against him.
It said on May 26, 2009, he received another call to report at the BNI to explain some issues which turned out to border on the rice importation.
It stated that Mr Osei-Adjei again went to the BNI, in the company of his lawyer, and was permitted to leave without any charge.
According to the affidavit, while on his way out of the BNI offices, he was asked to see the Deputy Director of the BNI, who wanted to say hello to him (Mr Osei-Adjei).
On entering the deputy director’s office, he was, to his utter “surprise and dismay”, informed that he should hand over his passport before he would be allowed to leave the BNI offices.
It averred that his lawyer informed the BNI officials that the order was a flagrant violation of his (applicant’s) human right to the freedom of movement, especially when he had demonstrated that he would not flee the country and especially when criminal charges had not been preferred against him.
It said the lawyer also prayed that his client be allowed to go home and bring his passport the following day but that request was refused.
It said the BNI officials, accordingly, followed Mr Osei-Adjei to his residence where he picked his passport and surrendered it before being released.
It is the contention of the applicant that the action by officials of the BNI was unconstitutional because the Constitution guaranteed every person the right to freedom of movement, which included the right to leave and enter Ghana at anytime.
According to the applicant, the Constitution enjoined the curtailment of freedom only in the interest of defence, public safety, public order and also for the protection of citizens of Ghana against the propagation of a doctrine detrimental to the welfare and interest of the nation only pursuant to an order of a court of competent jurisdiction.
The applicant also stated that the BNI had attacked his reputation by leaking distorted information to the media on his role in the alleged importation of rice.
A former Minister of Foreign Affairs, Mr Akwasi Osei-Adjei, has dragged the Director of the Bureau of National Investigations (BNI) and the Attorney-General to the High Court for violating his fundamental human rights.
According to Mr Osei-Adjei, the seizure and detention of his passport by officials of the BNI was “flagrantly unlawful and a palpable violation” of his human rights.
He said the BNI had acted “maliciously and in bad faith” and could, therefore, not be trusted to conduct any independent and impartial investigation into the role he played in the importation of rice when he was Minister of Foreign Affairs.
In an application for the enforcement of his fundamental human rights filed at the Human Rights Division of the High Court, Mr Osei-Adjei is praying the court to declare that the seizure of his passport was not constitutional, as well as an abuse of his fundamental human rights.
The application, which was filed on his behalf by his legal counsel, Mr Godfred Yeboah-Dame, is also seeking an order directed at the Director of the BNI to release his passport unconditionally.
The applicant is also seeking an order of prohibition directed at the Attorney-General and the Director of the BNI to restrain them from further curtailment of his right to freedom of movement without a court order.
An affidavit in support of Mr Osei-Adjei’s application stated that on May 20, 2009, he received a call from an official of the BNI requesting him to report and clarify some issues on an alleged importation of rice by the National Investment Bank (NIB).
According to the affidavit, the former minister stated in full what he knew about the alleged rice importation, adding that he was permitted to leave without any charge being preferred against him.
It said on May 26, 2009, he received another call to report at the BNI to explain some issues which turned out to border on the rice importation.
It stated that Mr Osei-Adjei again went to the BNI, in the company of his lawyer, and was permitted to leave without any charge.
According to the affidavit, while on his way out of the BNI offices, he was asked to see the Deputy Director of the BNI, who wanted to say hello to him (Mr Osei-Adjei).
On entering the deputy director’s office, he was, to his utter “surprise and dismay”, informed that he should hand over his passport before he would be allowed to leave the BNI offices.
It averred that his lawyer informed the BNI officials that the order was a flagrant violation of his (applicant’s) human right to the freedom of movement, especially when he had demonstrated that he would not flee the country and especially when criminal charges had not been preferred against him.
It said the lawyer also prayed that his client be allowed to go home and bring his passport the following day but that request was refused.
It said the BNI officials, accordingly, followed Mr Osei-Adjei to his residence where he picked his passport and surrendered it before being released.
It is the contention of the applicant that the action by officials of the BNI was unconstitutional because the Constitution guaranteed every person the right to freedom of movement, which included the right to leave and enter Ghana at anytime.
According to the applicant, the Constitution enjoined the curtailment of freedom only in the interest of defence, public safety, public order and also for the protection of citizens of Ghana against the propagation of a doctrine detrimental to the welfare and interest of the nation only pursuant to an order of a court of competent jurisdiction.
The applicant also stated that the BNI had attacked his reputation by leaking distorted information to the media on his role in the alleged importation of rice.
Monday, June 15, 2009
Woman inflicts multiple wounds on husband
Saturday, June 13, 2009 (Page 31 - THE MIRROR)
A woman who inflicted multiple cutlass wounds on her husband and locked him up, on suspicion that he was having an affair, has been put before the Accra circuit court.
Victoria Ashiboye, a food vendor, on May 10, 2009, around 8.00 p.m.was alleged to have attacked her husband, Samuel Amartey, in his sleep, locked him up and bolted, after her husband had received a call.
She was charged with one count of engaging in behaviour or conduct that harms the safety of another person contrary to Section 1 (d) (i) and (ii) of the Domestic Violence Act, 732/2007.
Her plea was not taken and she was remanded to reappear on June 11, 2009.
The facts of the case were that Amartey, a driver, received a call on that fateful day while his wife was not at home.
Unknown to him,Victoria was eavesdropping behind his window while he was on the telephone with another person.
He fell asleep after receiving the call but was attacked some minutes later by Victoria who suspected he was on the telephone with another woman.
Amartey who was locked up and left alone by Victoria after he was assaulted, managed to raise an alarm resulting in his rescue.
His rescuers found him bleeding profusely.
Amartey was assisted to lodge a complaint at the Nungua Police Station where a medical form was issued to enable him to receive medical treatment.
Victoria was later arrested, interrogated and charged with the offence.
A woman who inflicted multiple cutlass wounds on her husband and locked him up, on suspicion that he was having an affair, has been put before the Accra circuit court.
Victoria Ashiboye, a food vendor, on May 10, 2009, around 8.00 p.m.was alleged to have attacked her husband, Samuel Amartey, in his sleep, locked him up and bolted, after her husband had received a call.
She was charged with one count of engaging in behaviour or conduct that harms the safety of another person contrary to Section 1 (d) (i) and (ii) of the Domestic Violence Act, 732/2007.
Her plea was not taken and she was remanded to reappear on June 11, 2009.
The facts of the case were that Amartey, a driver, received a call on that fateful day while his wife was not at home.
Unknown to him,Victoria was eavesdropping behind his window while he was on the telephone with another person.
He fell asleep after receiving the call but was attacked some minutes later by Victoria who suspected he was on the telephone with another woman.
Amartey who was locked up and left alone by Victoria after he was assaulted, managed to raise an alarm resulting in his rescue.
His rescuers found him bleeding profusely.
Amartey was assisted to lodge a complaint at the Nungua Police Station where a medical form was issued to enable him to receive medical treatment.
Victoria was later arrested, interrogated and charged with the offence.
Friday, June 12, 2009
ISTC Boss ordered to proceed on leave
Friday, June 12, 2009 (Page 3)
THE Managing Director of Intercity STC (ISTC) Coaches Limited, Mr Kwame Adjei-Sefah, has been asked to proceed on his outstanding leave pending the outcome of investigations into a transaction he entered into with a car company for the delivery of 13 luxurious buses and accessories.
Mr Adjei-Sefah, who was appointed Managing Director of the company in March 2006, has proceeded on leave since June 8, 2009.
In his absence, the General Manager of Operations of ISTC, Mr Peter K. Kwakwa, has been asked to act.
The transaction which is being investigated was the subject matter of a recent court judgement in which ISTC was ordered to pay £607,740 or its cedi equivalent to Svani Limited, which supplied the ISTC with the 13 luxurious buses and their accessories.
In an interview with the Daily Graphic in Accra yesterday, the acting Board Chairman of ISTC, Brigadier-General Edward Lord-Attivor (retd), said the majority and the minority shareholders of the ISTC had decided that Mr Adjei-Sefah take his outstanding leave pending the outcome of the investigations.
The Social Security and National Insurance Trust (SSNIT) holds 80 per cent shares in ISTC, while the government owns the remaining 20 per cent.
According to Brigadier-General Lord-Attivor, the shareholders had agreed to go thoroughly into the transaction but declined to specifically state the issues to be investigated.
He explained that he did not want to prejudice the outcome of the investigations and stated specifically that they were not been carried out as a result of the court’s judgement.
The Commercial Court, presided over by Ms Margaret Insaidoo, on May 12, 2009 said Mr Adjei-Sefah could not lay his "lapses" on Svani Limited and accordingly awarded £60,000 costs against the ISTC.
It further held that Mr Adjei-Sefah's claim that the buses were to be used for work to raise money to pay for their clearance and then return them to the plaintiff was "surely not a credible position".
However, ISTC filed for stay of execution of the court’s judgement pending the outcome of an appeal filed against the court’s decision but the court, on June 4, 2009, dismissed the application.
It also awarded costs of GH¢500 against ISTC and further ordered the company to pay the cost before pursuing its appeal.
In a related development, the board of directors of ISTC has requested Mr Adjei-Sefah to stop further court action on the case involving Svani Limited, reports Debrah Fynn.
A letter signed by Brig Gen Lord-Attivor and addressed to the managing director said that was for the board to make a critical appraisal on the issues involved and decide on any further action to be taken.
The letter, dated June 4, 2009, a copy of which the Daily Graphic has laid hands on, asked Mr Adjei-Sefah to furnish the acting board chairman with a comprehensive report on the state of the case by Wednesday, June 10, 2009.
THE Managing Director of Intercity STC (ISTC) Coaches Limited, Mr Kwame Adjei-Sefah, has been asked to proceed on his outstanding leave pending the outcome of investigations into a transaction he entered into with a car company for the delivery of 13 luxurious buses and accessories.
Mr Adjei-Sefah, who was appointed Managing Director of the company in March 2006, has proceeded on leave since June 8, 2009.
In his absence, the General Manager of Operations of ISTC, Mr Peter K. Kwakwa, has been asked to act.
The transaction which is being investigated was the subject matter of a recent court judgement in which ISTC was ordered to pay £607,740 or its cedi equivalent to Svani Limited, which supplied the ISTC with the 13 luxurious buses and their accessories.
In an interview with the Daily Graphic in Accra yesterday, the acting Board Chairman of ISTC, Brigadier-General Edward Lord-Attivor (retd), said the majority and the minority shareholders of the ISTC had decided that Mr Adjei-Sefah take his outstanding leave pending the outcome of the investigations.
The Social Security and National Insurance Trust (SSNIT) holds 80 per cent shares in ISTC, while the government owns the remaining 20 per cent.
According to Brigadier-General Lord-Attivor, the shareholders had agreed to go thoroughly into the transaction but declined to specifically state the issues to be investigated.
He explained that he did not want to prejudice the outcome of the investigations and stated specifically that they were not been carried out as a result of the court’s judgement.
The Commercial Court, presided over by Ms Margaret Insaidoo, on May 12, 2009 said Mr Adjei-Sefah could not lay his "lapses" on Svani Limited and accordingly awarded £60,000 costs against the ISTC.
It further held that Mr Adjei-Sefah's claim that the buses were to be used for work to raise money to pay for their clearance and then return them to the plaintiff was "surely not a credible position".
However, ISTC filed for stay of execution of the court’s judgement pending the outcome of an appeal filed against the court’s decision but the court, on June 4, 2009, dismissed the application.
It also awarded costs of GH¢500 against ISTC and further ordered the company to pay the cost before pursuing its appeal.
In a related development, the board of directors of ISTC has requested Mr Adjei-Sefah to stop further court action on the case involving Svani Limited, reports Debrah Fynn.
A letter signed by Brig Gen Lord-Attivor and addressed to the managing director said that was for the board to make a critical appraisal on the issues involved and decide on any further action to be taken.
The letter, dated June 4, 2009, a copy of which the Daily Graphic has laid hands on, asked Mr Adjei-Sefah to furnish the acting board chairman with a comprehensive report on the state of the case by Wednesday, June 10, 2009.
Thursday, June 11, 2009
I didn't request for transcripts of alleged conversation • Investigator tells court
June 11, 2009 (Page 3 Lead)
AN investigator in the case involving seven policemen and six civilians who are alleged to have attacked and robbed a businessman told the Accra Circuit Court on Tuesday that he did not request for transcripts of alleged conversations among the accused persons from a telecommunications company.
Detective Sergeant Edward Agyei-Odame said he requested for an itemised bill from MTN but did not request for a recording or transcript of those conversations.
The accused persons are DSP Patrick Kwapong of the Rapid Response Unit of the Ghana Police Service, Chief Inspector Thomas Adu, Sergeant John Agyapong, Corporal Lawrence Dennis Quansah, Lance Corporal Karimu Muntari, Constable Benjamin Blejumah, Aams Amanor, a civilian friend of Mr Duah’s, Kwasi Tawiah, Peter Kwame Gyasi, alias Kwame Tawiah, and Bismark Ampofo.
Constable Ken Duodu Acheampong, Jeffrey Kwame Attah, alias Kay, and three others whose names were not provided are on the run.
DSP Kwapong has been charged with one count of conspiracy, while the other accused persons have been charged with conspiracy and robbery. They have all pleaded not guilty to the charges and have been refused bail by the court, presided over by Mr Mahamadu Iddrisu.
They were alleged to have robbed Mr Duah, who lives in Europe, at a hotel in Accra and taken away $53,000, €1,000 and GH¢2,000.
They were also alleged to have robbed the victim of a black bag containing two compact disc Walkman players, a set of keys, a digital camera, a cheque book and other items all valued at $4,000.
Answering questions under cross-examination from counsel for Blejumah, Mr Dela Blagodzi, the investigator told the court that he did not know Blejumah.
Sgt Agyei-Odame told the court during cross-examination from counsel for Adu, Mr Kwame Nyankon-Tetteh, that Adu and Jeffrey communicated 15 times between February 1 and February 2, 2009.
He also told the court that based on the itemised bill, he (witness) agreed that the attack on and robbery of Duah took place before the first call between Adu and Jeffrey was recorded.
The call was recorded at 11:21 a.m., while the attack was said to have taken place at 10:30 a.m.
Mr Agyei-Odame told the court during cross-examination from counsel for Kwapong, Mr Ellis Owusu Fordjour, that Kwapong had admitted that he (Kwapong) knew Jeffrey.
He, therefore, agreed with counsel that it was not strange that Jeffrey and Kwapong communicated with each other but stated that he could not tell whether or not Jeffrey was an informant.
Under cross-examination from counsel for Quansah, Mr Ekow Korsah, witness explained what constituted lawful order and stated that it was mandatory for junior officers to obey instructions only if it fell under the service instructions.
He also told the court during cross-examination from counsel for Muntari, Mr Shahadu Mohammed, that the investigations did not cover Muntari and added that his role was to take the caution statements of the accused persons.
According to the witness, he later handed over the docket on the case to the Criminal Investigations Department (CID).
Agyapong, whose lawyer was absent, declined to cross-examine the witness.
The lawyer for Aams was absent, prompting the accused to cross-examine the witness on his own.
The following transpired between them:
Aams (Accused): Did you ask Assistant Commissioner of Police Mr Bright Oduro why Tawiah, Gyasi, Ampofo and I came to his office?
Sgt Agyei-Odame (Witness): Yes I did, my Lord.
Accused: What was the response.
Witness: The information was that Mr Duah and Aams came to the office to lodge a complaint, my Lord.
The investigator, however, disagreed with a suggestion from Aams that he, Tawiah, Gyasi and Ampofo were complainants.
AN investigator in the case involving seven policemen and six civilians who are alleged to have attacked and robbed a businessman told the Accra Circuit Court on Tuesday that he did not request for transcripts of alleged conversations among the accused persons from a telecommunications company.
Detective Sergeant Edward Agyei-Odame said he requested for an itemised bill from MTN but did not request for a recording or transcript of those conversations.
The accused persons are DSP Patrick Kwapong of the Rapid Response Unit of the Ghana Police Service, Chief Inspector Thomas Adu, Sergeant John Agyapong, Corporal Lawrence Dennis Quansah, Lance Corporal Karimu Muntari, Constable Benjamin Blejumah, Aams Amanor, a civilian friend of Mr Duah’s, Kwasi Tawiah, Peter Kwame Gyasi, alias Kwame Tawiah, and Bismark Ampofo.
Constable Ken Duodu Acheampong, Jeffrey Kwame Attah, alias Kay, and three others whose names were not provided are on the run.
DSP Kwapong has been charged with one count of conspiracy, while the other accused persons have been charged with conspiracy and robbery. They have all pleaded not guilty to the charges and have been refused bail by the court, presided over by Mr Mahamadu Iddrisu.
They were alleged to have robbed Mr Duah, who lives in Europe, at a hotel in Accra and taken away $53,000, €1,000 and GH¢2,000.
They were also alleged to have robbed the victim of a black bag containing two compact disc Walkman players, a set of keys, a digital camera, a cheque book and other items all valued at $4,000.
Answering questions under cross-examination from counsel for Blejumah, Mr Dela Blagodzi, the investigator told the court that he did not know Blejumah.
Sgt Agyei-Odame told the court during cross-examination from counsel for Adu, Mr Kwame Nyankon-Tetteh, that Adu and Jeffrey communicated 15 times between February 1 and February 2, 2009.
He also told the court that based on the itemised bill, he (witness) agreed that the attack on and robbery of Duah took place before the first call between Adu and Jeffrey was recorded.
The call was recorded at 11:21 a.m., while the attack was said to have taken place at 10:30 a.m.
Mr Agyei-Odame told the court during cross-examination from counsel for Kwapong, Mr Ellis Owusu Fordjour, that Kwapong had admitted that he (Kwapong) knew Jeffrey.
He, therefore, agreed with counsel that it was not strange that Jeffrey and Kwapong communicated with each other but stated that he could not tell whether or not Jeffrey was an informant.
Under cross-examination from counsel for Quansah, Mr Ekow Korsah, witness explained what constituted lawful order and stated that it was mandatory for junior officers to obey instructions only if it fell under the service instructions.
He also told the court during cross-examination from counsel for Muntari, Mr Shahadu Mohammed, that the investigations did not cover Muntari and added that his role was to take the caution statements of the accused persons.
According to the witness, he later handed over the docket on the case to the Criminal Investigations Department (CID).
Agyapong, whose lawyer was absent, declined to cross-examine the witness.
The lawyer for Aams was absent, prompting the accused to cross-examine the witness on his own.
The following transpired between them:
Aams (Accused): Did you ask Assistant Commissioner of Police Mr Bright Oduro why Tawiah, Gyasi, Ampofo and I came to his office?
Sgt Agyei-Odame (Witness): Yes I did, my Lord.
Accused: What was the response.
Witness: The information was that Mr Duah and Aams came to the office to lodge a complaint, my Lord.
The investigator, however, disagreed with a suggestion from Aams that he, Tawiah, Gyasi and Ampofo were complainants.
Nana Bandoh remanded for fraud
June 11, 2009 (Page 55)
THE Community Chief of Ashantis in Toronto, Nana Bandoh, has been remanded by the Accra Circuit Court for allegedly defrauding a businesswoman to the tune of $37,000.
Bandoh and another accused person, Bentil Opoku, who is on the run, were alleged to have asked Ms Edna Osei to pay $37,000 to enable them to ship a Toyota Camry saloon car and Infinity FX 35 from Canada to Ghana.
The complainant paid $33,000 for the cars, as well as $4,000 as cost of shipping, but was greeted with shock when she went to the port to clear the cars.
She realised that the accused persons had shipped an empty container, although they had handed over the bill of lading and keys to the cars to her.
Bandoh pleaded not guilty to two counts of conspiracy and defrauding by false pretence.
The court, presided over by Mrs Ivy Heward-Mills, remanded Bandoh, who is also a Personal Injury Consultant, to reappear on June 22, 2009.
Prosecuting, Assistant Superintendent of Police George Abavelim told the court that Bandoh and Opoku met the complainant who had then travelled to Canada in December 2006 and held a meeting with her.
During the meeting, the two accused persons allegedly asked the complainant to pay $33,000 to enable them to get her the vehicles she had requested for.
The complainant paid the amount for the cars and later paid $4,000 for shipment.
According to the prosecution, a freight and forwarding agent by name Bismark Opoku was contacted to provide the ‘container’ and the necessary documents for the shipment of the cars.
The complainant gave the documents to her agent and when the agent went to the Tema
Port to clear the cars, he was surprised to find the containers empty.
The complainant lodged a complaint with the police leading to the arrest of Bandoh on June 6, 2009 at Kumasi after he had arrived in the country on May 17, 2009.
THE Community Chief of Ashantis in Toronto, Nana Bandoh, has been remanded by the Accra Circuit Court for allegedly defrauding a businesswoman to the tune of $37,000.
Bandoh and another accused person, Bentil Opoku, who is on the run, were alleged to have asked Ms Edna Osei to pay $37,000 to enable them to ship a Toyota Camry saloon car and Infinity FX 35 from Canada to Ghana.
The complainant paid $33,000 for the cars, as well as $4,000 as cost of shipping, but was greeted with shock when she went to the port to clear the cars.
She realised that the accused persons had shipped an empty container, although they had handed over the bill of lading and keys to the cars to her.
Bandoh pleaded not guilty to two counts of conspiracy and defrauding by false pretence.
The court, presided over by Mrs Ivy Heward-Mills, remanded Bandoh, who is also a Personal Injury Consultant, to reappear on June 22, 2009.
Prosecuting, Assistant Superintendent of Police George Abavelim told the court that Bandoh and Opoku met the complainant who had then travelled to Canada in December 2006 and held a meeting with her.
During the meeting, the two accused persons allegedly asked the complainant to pay $33,000 to enable them to get her the vehicles she had requested for.
The complainant paid the amount for the cars and later paid $4,000 for shipment.
According to the prosecution, a freight and forwarding agent by name Bismark Opoku was contacted to provide the ‘container’ and the necessary documents for the shipment of the cars.
The complainant gave the documents to her agent and when the agent went to the Tema
Port to clear the cars, he was surprised to find the containers empty.
The complainant lodged a complaint with the police leading to the arrest of Bandoh on June 6, 2009 at Kumasi after he had arrived in the country on May 17, 2009.
2 Restrained for infringing on trademark rights
June 11, 2009 (Page 550)
THE Commercial Court in Accra has restrained two businessmen from infringing on the trademark rights of electrical products manufactured by Implex Projects Limited, a United Kingdom (UK)-based company.
The court found out that the defendants, Mr Oware Wiafe and Mr Gabriel Boakye, had counterfeited BG trademarks being electrical products for sale on the local market.
Following the distribution and sale of the counterfeited electrical accessories by the defendants, Serboat Electrical Limited, the local representatives of Implex Products Limited sued the defendants on behalf of the UK company.
Delivering its judgement, the court, presided over by Mrs Justice Cecilia H. Sowah, further ordered the defendants to deliver for destruction all electrical accessories bearing the trademark BG and which had been imported, distributed or which were being sold by the defendants.
It awarded general damages of GH¢8,000 and costs of GH¢1,500 against each of the defendants.
Citing authorities to buttress its decision, the court held that the plaintiff was the proprietor of the BG trademark and therefore the defendants had infringed on the plaintiff’s exclusive right by deceptively affixing the BG mark to their (defendants) electrical products to mislead the public.
The court held that the defendants were unable to rebut the prima facie case made by the plaintiff.
It also held that the evidence that the products were similar were not challenged by the defendants, adding that the defendants were not able to show any genuine source of their products.
“I accordingly find plaintiff’s allegation that the products are infringed proved, so far as concerns the importation and distribution of products similar to that of plaintiff and deceptively branded BG,” the court added.
According to the court, the similarity between the fake and genuine products were likely to cause confusion among members of the public.
It accordingly upheld the reliefs from the plaintiff, which among others prayed the court to declare that the defendants had infringed on its BG trademark.
THE Commercial Court in Accra has restrained two businessmen from infringing on the trademark rights of electrical products manufactured by Implex Projects Limited, a United Kingdom (UK)-based company.
The court found out that the defendants, Mr Oware Wiafe and Mr Gabriel Boakye, had counterfeited BG trademarks being electrical products for sale on the local market.
Following the distribution and sale of the counterfeited electrical accessories by the defendants, Serboat Electrical Limited, the local representatives of Implex Products Limited sued the defendants on behalf of the UK company.
Delivering its judgement, the court, presided over by Mrs Justice Cecilia H. Sowah, further ordered the defendants to deliver for destruction all electrical accessories bearing the trademark BG and which had been imported, distributed or which were being sold by the defendants.
It awarded general damages of GH¢8,000 and costs of GH¢1,500 against each of the defendants.
Citing authorities to buttress its decision, the court held that the plaintiff was the proprietor of the BG trademark and therefore the defendants had infringed on the plaintiff’s exclusive right by deceptively affixing the BG mark to their (defendants) electrical products to mislead the public.
The court held that the defendants were unable to rebut the prima facie case made by the plaintiff.
It also held that the evidence that the products were similar were not challenged by the defendants, adding that the defendants were not able to show any genuine source of their products.
“I accordingly find plaintiff’s allegation that the products are infringed proved, so far as concerns the importation and distribution of products similar to that of plaintiff and deceptively branded BG,” the court added.
According to the court, the similarity between the fake and genuine products were likely to cause confusion among members of the public.
It accordingly upheld the reliefs from the plaintiff, which among others prayed the court to declare that the defendants had infringed on its BG trademark.
Friday, June 5, 2009
Man, 45, jailed 15 yrs over cocaine export
Friday, June 5, 2009 (Page 3)
THE Accra Fast Track High Court yesterday sentenced a 45-year-old Ghanaian/British national to 15 years imprisonment with hard labour for attempting to export 2.1 kilogrammes of cocaine to the United Kingdom.
Theophilus Eugene Afari Bossman was sentenced to 15 years imprisonment each on two counts of attempting to export cocaine and possessing cocaine without lawful authority.
Bossman, who has been living in the United Kingdom for the past 30 years, was arrested at the Kotoka International Airport (KIA) on March 7, 2008 by officials of the Narcotics Control Board (NACOB) after he had checked in with two bags. The cocaine was concealed in a false compartment of one of the bags.
Delivering its judgement at the court’s sitting in Accra yesterday, the Presiding Judge, Mr Justice Charles Quist, held that the prosecution had proved the guilt of the convict beyond reasonable doubt.
He also ordered that the cocaine should be destroyed in public, in the presence of the police, court officials and the prosecution.
He said the prosecution further established that Bossman had visited the offices of NACOB in February 2008 to demand the release of a young man who had been arrested for swallowing cocaine, claiming that the young man was his ‘small boy’.
The court also held that the prosecution was able to prove that Bossman had been put under surveillance after he had appeared at the offices of NACOB and demanded the release of the young man.
It further held that there was ample evidence that Bossman was arrested upon a tip off, adding that his explanation was the usual one put up by persons arrested with cocaine.
It also held that there was enough evidence to prove that Bossman knew at all material times that one of his travelling bags contained cocaine and that was why he claimed he did not have keys to open that particular bag after he had co-operated with NACOB officials to open a first bag which did not contain cocaine.
According to the court, it was also clear from the evidence adduced that Bossman did not seek authority from the Ministry of Health before attempting to export the cocaine, adding that the convict also failed to justify why he possessed cocaine.
Touching on Bossman’s defence, the court held that it was untenable for the convict to state that the bag which contained the cocaine and dirty clothes had been given to him by a friend called Kakra to be handed over to someone in the United Kingdom.
The court held that the evidence put up by Bossman cast a doubt on his credibility because it was incredible for Bossman, with his vast experience in travelling, to accept a bag from a casual friend at the KIA to be handed over to someone in the United Kingdom.
Citing authorities to buttress its decision, it also stated that Bossman’s explanation that he was not privy to the contents of the bag could not hold water, especially in the wake of stringent security measures put up at international airports following the September 11, 2001 attacks on the United States of America (USA).
It, accordingly, convicted the accused person on both counts.
Counsel for the convict, Captain Nkrabeah Effah-Dartey, had prayed the court to give the convict the minimum sentence of 10 years, since he was a first offender and had also been in custody since last year.
However, the prosecution opposed the application on the grounds that the convict had a vast experience in travelling and should have known better.
THE Accra Fast Track High Court yesterday sentenced a 45-year-old Ghanaian/British national to 15 years imprisonment with hard labour for attempting to export 2.1 kilogrammes of cocaine to the United Kingdom.
Theophilus Eugene Afari Bossman was sentenced to 15 years imprisonment each on two counts of attempting to export cocaine and possessing cocaine without lawful authority.
Bossman, who has been living in the United Kingdom for the past 30 years, was arrested at the Kotoka International Airport (KIA) on March 7, 2008 by officials of the Narcotics Control Board (NACOB) after he had checked in with two bags. The cocaine was concealed in a false compartment of one of the bags.
Delivering its judgement at the court’s sitting in Accra yesterday, the Presiding Judge, Mr Justice Charles Quist, held that the prosecution had proved the guilt of the convict beyond reasonable doubt.
He also ordered that the cocaine should be destroyed in public, in the presence of the police, court officials and the prosecution.
He said the prosecution further established that Bossman had visited the offices of NACOB in February 2008 to demand the release of a young man who had been arrested for swallowing cocaine, claiming that the young man was his ‘small boy’.
The court also held that the prosecution was able to prove that Bossman had been put under surveillance after he had appeared at the offices of NACOB and demanded the release of the young man.
It further held that there was ample evidence that Bossman was arrested upon a tip off, adding that his explanation was the usual one put up by persons arrested with cocaine.
It also held that there was enough evidence to prove that Bossman knew at all material times that one of his travelling bags contained cocaine and that was why he claimed he did not have keys to open that particular bag after he had co-operated with NACOB officials to open a first bag which did not contain cocaine.
According to the court, it was also clear from the evidence adduced that Bossman did not seek authority from the Ministry of Health before attempting to export the cocaine, adding that the convict also failed to justify why he possessed cocaine.
Touching on Bossman’s defence, the court held that it was untenable for the convict to state that the bag which contained the cocaine and dirty clothes had been given to him by a friend called Kakra to be handed over to someone in the United Kingdom.
The court held that the evidence put up by Bossman cast a doubt on his credibility because it was incredible for Bossman, with his vast experience in travelling, to accept a bag from a casual friend at the KIA to be handed over to someone in the United Kingdom.
Citing authorities to buttress its decision, it also stated that Bossman’s explanation that he was not privy to the contents of the bag could not hold water, especially in the wake of stringent security measures put up at international airports following the September 11, 2001 attacks on the United States of America (USA).
It, accordingly, convicted the accused person on both counts.
Counsel for the convict, Captain Nkrabeah Effah-Dartey, had prayed the court to give the convict the minimum sentence of 10 years, since he was a first offender and had also been in custody since last year.
However, the prosecution opposed the application on the grounds that the convict had a vast experience in travelling and should have known better.
Thursday, June 4, 2009
Trial of alleged police robbers - Blood-stained items tendered in evidence
Thursday, June 4, 2009 (Page 47 Lead)
THE blood-stained shirt and handkerchiefs of Mr Kwaku Duah, the businessman who was allegedly assaulted and robbed by seven police officers and six civilians, were yesterday tendered in evidence at the Accra Circuit Court.
The investigator in the case, Detective Sergeant Edward Agyei-Odame, tendered in evidence a blue jeans and bathroom slippers that Mr Duah wore on the day he was attacked and robbed by the accused persons.
The accused persons are DSP Patrick Kwapong of the Rapid Response Unit (RRU) of the Ghana Police Service, Chief Inspector Thomas Adu, Sergeant John Agyapong, Corporal Lawrence Dennis Quansah, Lance Corporal Karma Mantra, Constable Benjamin Blejumah, Aams Amanor, a civilian friend of Mr Duah, Kwasi Tawiah, Peter Kwame Gyasi, alias Kwame Tawiah, and Bismark Ampofo.
Constable Ken Duodu Acheampong, Jeffrey Kwame Attah, alias Kay, and three others whose names were not provided are on the run.
DSP Kwapong has been charged with one count of conspiracy, while the other accused persons have been charged with conspiracy and robbery. They have all pleaded not guilty to the charges and have been refused bail by the court, presided over by Mr Mahamadu Iddrisu.
They were alleged to have robbed Mr Duah, who lives in Europe, at a hotel in Accra and taken away $53,000, €1,000 and GH¢2,000.
They were also alleged to have robbed the victim of a black bag containing two compact disc Walkman players, a set of keys, a digital camera, a cheque book and other items all valued at $4,000.
Led by a Chief State Attorney, Ms Cynthia Lamptey, to give his evidence-in-chief at the court’s sitting in Accra yesterday, Sgt Agyei-Odame also tendered in evidence the medical report on Mr Duah as exhibit.
He told the court that Assistant Commissioner of Police, Mr Bright Oduro, then Deputy Commander of the Greater Accra Regional Police, summoned him (Sgt. Agyei-Odame) to his office on February 3, 2009 around 10a.m. and asked him to investigate an alleged attack and robbery of Mr Duah.
He said Mr Duah, Aams, Tawiah, Ampofo, Gyasi and Mr George Agbelengor, the manager of the hotel where Mr Duah was attacked and another person, whom he could not recall, were also present in Mr Oduro’s office when he approached him to take over the case.
According to the investigator, Mr Oduro handed over to him (investigator), Adu’s compulsory retirement letter, which was reported to have been found on the hotel premises for further investigations.
He said DSP Kwapong, Cpl Agyapong and Cpl Quansah were also invited by Mr Oduro for interrogation.
He also informed the court that Adu admitted going to the hotel in the company of Sgt Agyapong and Cpl Quansah upon instructions from DSP Kwapong.
Mr Agyei-Odame told the court that Mr Duah said he was slapped by Adu and further removed an envelope from his (Mr Duah’s) pocket, but Adu denied the allegation.
The witness said he and a colleague of his later proceeded to the hotel after statements had been taken from the accused persons.
He said he and his colleague met the manager of the hotel, who confirmed there had been a robbery attack on Mr Duah on February 2, 2009.
Mr Agyei-Odame said they (he and his colleague) were led to the room occupied by Mr Duah and there they observed that the door had forcibly been broken into with its locks damaged.
He said Mr Duah’s personal effects, among others things, were scattered on the floor, adding that they then proceeded to the Officers Mess at the Tesano Police Depot, where Mr Duah was taken to after his attack and robbery.
The witness informed the court that he investigated Aams, who happened to be the personal friend of Mr Duah and later took the telephone numbers of Aams, Adu and Kwapong and sent them to the MTN offices to establish whether or not they had communicated with Jeffrey either prior to or on the day of the assault and robbery.
He said an itemised bill from the MTN offices proved that Jeffrey, Adu and Kwapong had communicated from February 2 to February 4, 2009.
Hearing continues on Monday, May 8, 2009.
THE blood-stained shirt and handkerchiefs of Mr Kwaku Duah, the businessman who was allegedly assaulted and robbed by seven police officers and six civilians, were yesterday tendered in evidence at the Accra Circuit Court.
The investigator in the case, Detective Sergeant Edward Agyei-Odame, tendered in evidence a blue jeans and bathroom slippers that Mr Duah wore on the day he was attacked and robbed by the accused persons.
The accused persons are DSP Patrick Kwapong of the Rapid Response Unit (RRU) of the Ghana Police Service, Chief Inspector Thomas Adu, Sergeant John Agyapong, Corporal Lawrence Dennis Quansah, Lance Corporal Karma Mantra, Constable Benjamin Blejumah, Aams Amanor, a civilian friend of Mr Duah, Kwasi Tawiah, Peter Kwame Gyasi, alias Kwame Tawiah, and Bismark Ampofo.
Constable Ken Duodu Acheampong, Jeffrey Kwame Attah, alias Kay, and three others whose names were not provided are on the run.
DSP Kwapong has been charged with one count of conspiracy, while the other accused persons have been charged with conspiracy and robbery. They have all pleaded not guilty to the charges and have been refused bail by the court, presided over by Mr Mahamadu Iddrisu.
They were alleged to have robbed Mr Duah, who lives in Europe, at a hotel in Accra and taken away $53,000, €1,000 and GH¢2,000.
They were also alleged to have robbed the victim of a black bag containing two compact disc Walkman players, a set of keys, a digital camera, a cheque book and other items all valued at $4,000.
Led by a Chief State Attorney, Ms Cynthia Lamptey, to give his evidence-in-chief at the court’s sitting in Accra yesterday, Sgt Agyei-Odame also tendered in evidence the medical report on Mr Duah as exhibit.
He told the court that Assistant Commissioner of Police, Mr Bright Oduro, then Deputy Commander of the Greater Accra Regional Police, summoned him (Sgt. Agyei-Odame) to his office on February 3, 2009 around 10a.m. and asked him to investigate an alleged attack and robbery of Mr Duah.
He said Mr Duah, Aams, Tawiah, Ampofo, Gyasi and Mr George Agbelengor, the manager of the hotel where Mr Duah was attacked and another person, whom he could not recall, were also present in Mr Oduro’s office when he approached him to take over the case.
According to the investigator, Mr Oduro handed over to him (investigator), Adu’s compulsory retirement letter, which was reported to have been found on the hotel premises for further investigations.
He said DSP Kwapong, Cpl Agyapong and Cpl Quansah were also invited by Mr Oduro for interrogation.
He also informed the court that Adu admitted going to the hotel in the company of Sgt Agyapong and Cpl Quansah upon instructions from DSP Kwapong.
Mr Agyei-Odame told the court that Mr Duah said he was slapped by Adu and further removed an envelope from his (Mr Duah’s) pocket, but Adu denied the allegation.
The witness said he and a colleague of his later proceeded to the hotel after statements had been taken from the accused persons.
He said he and his colleague met the manager of the hotel, who confirmed there had been a robbery attack on Mr Duah on February 2, 2009.
Mr Agyei-Odame said they (he and his colleague) were led to the room occupied by Mr Duah and there they observed that the door had forcibly been broken into with its locks damaged.
He said Mr Duah’s personal effects, among others things, were scattered on the floor, adding that they then proceeded to the Officers Mess at the Tesano Police Depot, where Mr Duah was taken to after his attack and robbery.
The witness informed the court that he investigated Aams, who happened to be the personal friend of Mr Duah and later took the telephone numbers of Aams, Adu and Kwapong and sent them to the MTN offices to establish whether or not they had communicated with Jeffrey either prior to or on the day of the assault and robbery.
He said an itemised bill from the MTN offices proved that Jeffrey, Adu and Kwapong had communicated from February 2 to February 4, 2009.
Hearing continues on Monday, May 8, 2009.
NLA challenges court’s decision
Thursday, June 4, 2009 (Back Page Lead)
THE National Lottery Authority (NLA) has challenged the decision of the Fast Track High Court that allowed the Ghana Lotto Operators Association (GLOA) and six others to operate private lotto in the country.
According to the NLA, the court did not have the jurisdiction to authorise GLOA and the six others to continue with their private lotto operations pending the determination of an appeal against an earlier ruling that had outlawed private lotto.
The NLA had, accordingly, invoked the supervisory jurisdiction of the Supreme Court for an order of certiorari to quash the decision of the Fast Track High Court.
However, the respondents have described the NLA’s application as “frivolous, misconceived and a complete abuse of the supervisory jurisdiction of the Supreme Court”.
The Supreme Court had adjourned the matter to June 16, 2009 to enable the same panel that had determined the substantive case in July, 2008 to hear the application from the NLA.
An affidavit in support of NLA’s application, which was deposed by Mr Charles Mensah, the Director in charge of Administration and Finance of NLA, said following the High Court’s ruling, the respondents had refused to comply with the provisions of the Lotto Act, (NLA) Act 2006, Act 722.
It also stated that the High Court had no authority to sanction the respondents or any other person to conduct gambling.
An affidavit in opposition, deposed on behalf of the respondents by the Secretary of GLOA, Mr Seth Amoani, denied that the Supreme Court had said they (respondents) had no right to operate lotto.
On April 1, 2009, the Accra Fast Track High Court, presided over by Mr Justice Edward Amoako Asante, gave the nod to private lotto operators to function until the Court of Appeal determines otherwise.
In staying its earlier decision that outlawed private lotto in the country, the court stated that GLOA and six others had raised issues that needed to be heard by the Court of Appeal on their merit.
It, accordingly, restrained the NLA from interfering with the property rights of the applicants, adding that the court agreed with applicants’ assertion that there were issues to be looked into and, therefore, “it is only fair to maintain the status quo of applicants”.
The Fast Track High Court’s judgement banning private lotto followed an application by the NLA, which prayed the court to dismiss plaintiffs’ suit on the premise that the Supreme Court had declared the Lotto Act, (NLA) Act 2006, Act 722 as constitutional and, for that reason, there was no basis for the substantive suit to continue at the lower court.
Following the dismissal, the applicants appealed at the Court of Appeal and filed another application praying the lower court to stay its decision pending the outcome of the appeal.
THE National Lottery Authority (NLA) has challenged the decision of the Fast Track High Court that allowed the Ghana Lotto Operators Association (GLOA) and six others to operate private lotto in the country.
According to the NLA, the court did not have the jurisdiction to authorise GLOA and the six others to continue with their private lotto operations pending the determination of an appeal against an earlier ruling that had outlawed private lotto.
The NLA had, accordingly, invoked the supervisory jurisdiction of the Supreme Court for an order of certiorari to quash the decision of the Fast Track High Court.
However, the respondents have described the NLA’s application as “frivolous, misconceived and a complete abuse of the supervisory jurisdiction of the Supreme Court”.
The Supreme Court had adjourned the matter to June 16, 2009 to enable the same panel that had determined the substantive case in July, 2008 to hear the application from the NLA.
An affidavit in support of NLA’s application, which was deposed by Mr Charles Mensah, the Director in charge of Administration and Finance of NLA, said following the High Court’s ruling, the respondents had refused to comply with the provisions of the Lotto Act, (NLA) Act 2006, Act 722.
It also stated that the High Court had no authority to sanction the respondents or any other person to conduct gambling.
An affidavit in opposition, deposed on behalf of the respondents by the Secretary of GLOA, Mr Seth Amoani, denied that the Supreme Court had said they (respondents) had no right to operate lotto.
On April 1, 2009, the Accra Fast Track High Court, presided over by Mr Justice Edward Amoako Asante, gave the nod to private lotto operators to function until the Court of Appeal determines otherwise.
In staying its earlier decision that outlawed private lotto in the country, the court stated that GLOA and six others had raised issues that needed to be heard by the Court of Appeal on their merit.
It, accordingly, restrained the NLA from interfering with the property rights of the applicants, adding that the court agreed with applicants’ assertion that there were issues to be looked into and, therefore, “it is only fair to maintain the status quo of applicants”.
The Fast Track High Court’s judgement banning private lotto followed an application by the NLA, which prayed the court to dismiss plaintiffs’ suit on the premise that the Supreme Court had declared the Lotto Act, (NLA) Act 2006, Act 722 as constitutional and, for that reason, there was no basis for the substantive suit to continue at the lower court.
Following the dismissal, the applicants appealed at the Court of Appeal and filed another application praying the lower court to stay its decision pending the outcome of the appeal.
Wednesday, June 3, 2009
Judgement deferred in trial of Chinese nationals
Wednesday, June 3, 2009 (Page 3 Lead)
THE Accra Circuit Court yesterday deferred delivery of its judgement in the case involving three Chinese nationals who have been accused of trafficking girls for prostitution.
The trial judge, Mrs Elizabeth Ankomah, informed the prosecution and the defence team at the court’s sitting in Accra that she had not completed writing the judgement.
She, therefore, fixed June 22, 2009 as the new date for judgement in the trial which began on March 5, 2009 and involves James Xu Jin, the alleged ringleader, his wife, Chou Xiou Ying, and Sam Shan Zifan, James's younger brother, who are believed to be part of a West African human trafficking syndicate.
They have each been charged with conspiracy and human trafficking and they have pleaded not guilty to all the charges and have been refused bail.
The trial judge fixed the date after she had announced to the court that the prosecution and the defence teams had filed their addresses in the case.
Eleven witnesses, including 10 for the prosecution and one for the defence, were called in the trial.
The seven victims were led by an Assistant Superintendent of Police, Ms Mary Agbozo, to testify.
According to the girls, they were recruited from Harbin, a city in China, under the guise that they were to assist Jin and Chou to run a restaurant in Accra for good salaries but on arrival in Ghana they were forced into prostitution by James and Chou.
The testimony of the girls, whose names have been withheld, were similar: They were all poor, they all owed Jin who paid for their air fare and other transport arrangements, their passports were seized and they had to pay a penalty of $50 a day or $1,500 anytime they refused to offer sex, which they were forced to do sometimes four or five times in a day.
They also said they relied on tips from their clients, who were mostly Lebanese, Chinese and Indians.
An investigative journalist, Mr Anas Aremeyaw Anas, whose seven-month investigations led to the arrest of the accused persons on February 14, 2009, also gave evidence on the activities of the accused persons.
He produced video and audio tapes on the activities of the accused persons.
Other witnesses for the prosecution included the investigator in the case and an official from the Ghana Immigration Service (GIS).
The accused persons, who were led by their counsel, Mr B.O.K. Johnson, to testify, said they operated a restaurant and not a brothel.
THE Accra Circuit Court yesterday deferred delivery of its judgement in the case involving three Chinese nationals who have been accused of trafficking girls for prostitution.
The trial judge, Mrs Elizabeth Ankomah, informed the prosecution and the defence team at the court’s sitting in Accra that she had not completed writing the judgement.
She, therefore, fixed June 22, 2009 as the new date for judgement in the trial which began on March 5, 2009 and involves James Xu Jin, the alleged ringleader, his wife, Chou Xiou Ying, and Sam Shan Zifan, James's younger brother, who are believed to be part of a West African human trafficking syndicate.
They have each been charged with conspiracy and human trafficking and they have pleaded not guilty to all the charges and have been refused bail.
The trial judge fixed the date after she had announced to the court that the prosecution and the defence teams had filed their addresses in the case.
Eleven witnesses, including 10 for the prosecution and one for the defence, were called in the trial.
The seven victims were led by an Assistant Superintendent of Police, Ms Mary Agbozo, to testify.
According to the girls, they were recruited from Harbin, a city in China, under the guise that they were to assist Jin and Chou to run a restaurant in Accra for good salaries but on arrival in Ghana they were forced into prostitution by James and Chou.
The testimony of the girls, whose names have been withheld, were similar: They were all poor, they all owed Jin who paid for their air fare and other transport arrangements, their passports were seized and they had to pay a penalty of $50 a day or $1,500 anytime they refused to offer sex, which they were forced to do sometimes four or five times in a day.
They also said they relied on tips from their clients, who were mostly Lebanese, Chinese and Indians.
An investigative journalist, Mr Anas Aremeyaw Anas, whose seven-month investigations led to the arrest of the accused persons on February 14, 2009, also gave evidence on the activities of the accused persons.
He produced video and audio tapes on the activities of the accused persons.
Other witnesses for the prosecution included the investigator in the case and an official from the Ghana Immigration Service (GIS).
The accused persons, who were led by their counsel, Mr B.O.K. Johnson, to testify, said they operated a restaurant and not a brothel.
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