Thursday, November 11, 2010 (Page 51)
THE Accra Fast Track High Court has granted bail to a pregnant suspect among four persons accused of importing cocaine.
Kyerewaa Twum Barima, who is six months pregnant according to medical records was granted bail in the sum of GH¢80,000 with two sureties, one to be justified.
The court, presided over by Mr Justice Mustapha Habib Logo, also directed that the sureties must be residents of either Accra or Tema.
It, however, remanded her alleged accomplices namely Benjamin Armstrong, Anthony Wilson and Edward Kojo Arhin, to reappear on November 23, 2010.
Benjamin and Anthony are managing director and deputy managing director respectively of Pharma+, importers of derivatives for petroleum products which later turned out to contain cocaine while Edward and Kyerewaa are clearing agents at Tema.
The prosecution did not object to the grant of bail to Kyerewaa on the grounds that the law did not allow a pregnant woman to be put in custody.
Family members and sympathisers of the accused persons exclaimed when the court ordered the detention of Benjamin, Anthony and Edward. Some looked visibly shocked and grief stricken when the accused persons were whisked away from the courtroom.
Others were consoled by defence lawyers who gave them assurance that all legal means would be exhausted to give their detained family members freedom.
Kyerewaa has been charged together with the three others on two counts of conspiracy and importation of narcotic drugs without licence from the Minister of Health.
Earlier, a Principal State Attorney, Mrs Evelyn Keelson, prayed the court to remand the accused persons because investigations were ongoing.
She also said that she had been served with bail application from counsel for Kyerewaa and Edward and further indicated that the suspected narcotic substances had been forwarded to the Ghana Standards Board (GSB) for analysis.
According to Mrs Keelson, investigations were ongoing in Panama, Los Angeles and Ghana to arrive at the truth of the matter.
However, counsel for Benjamin and Anthony wondered why his clients should be kept in custody while the consignee and shipping line which had control over the goods should be left off the hook.
According to Mr Joe Aboagye Debrah, the state was too scared to bring to book Maersk Shipping Line and Consolidated Shipping, the shippers and consignees of the goods.
He said the state was not being candid with the court because the bill of laden and other documents clearly indicated that the consignee and shipping line were responsible for the handling and delivery of the goods.
Counsel argued that the accused persons were arrested on October 18, 2010 and placed in detention which he described as unlawful on the grounds that the accused persons were kept beyond 48 hours before being put before court.
He further argued that the state was aware that the container holding the goods was tampered with at Panama adding that the court should, therefore, waive the state’s detention of the accused persons.
“The continuous detention of the accused persons is a continuing illegality. The court should not sanction such illegality,” Mr Debrah emphasised.
Counsel for Kyerewaa and Edward, Mr James Agalga associated himself with Mr Debrah’s submissions and re-echoed the need for the court to grant his clients bail.
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