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.