March 18, 2011 (Back page)
THERE was drama at the Accra Circuit Court yesterday when a mother screamed out of excitement and collapsed after her son, who was standing trial for possessing Indian hemp, was discharged by the court.
The woman, believed to be in her early 50s screamed, shouted her son's name and passed out immediately an interpreter had stated in Twi that her son had been discharged and was, therefore, free to go home.
Security officers and persons who had visited the court to hear their cases employed every method to revive her. She became conscious after five minutes.
Her son, Kwabena Ebo, a labourer, who was initially smiling after his discharge, looked worried when his mother passed out.
The woman resumed her seat after she had been revived but stood up barely two minutes after resuming her seat and ran straight towards the trial judge, Mr Justice C.A. Wilson, in an apparent attempt to hug him.
She managed to swerve prison and police officers but a court clerk stopped her midway.
When questioned as to what she was up to, she simply said (in Twi), "My Lord, I was running towards you to hug you for setting my son free. May the Almighty God bless and keep you."
However, the trial judge explained to her that he had released her son based on an advice from the Attorney-General's Office that her son be released for lack of evidence.
The elated mother then resumed her seat, repeatedly saying, "God bless you!" and waited for the necessary documents to be prepared to warrant Ebo’s release.
Ebo, who had been in custody since November 1, 2010, was picked up at Bubuashie, a suburb of Accra, for allegedly possessing 29 wrappers suspected to be Indian hemp.
He consistently maintained his innocence and stated that he was fast asleep when the police entered his kiosk and picked him up.
The docket on his case was subsequently referred to the Attorney-General's Office for advice.
A letter recommending Ebo’s discharge, dated March 11, 2011 and signed by an Assistant State Attorney, Ms Serina P. Seglah, said, "The statement of the investigator and that of the arresting officer are in serious contradiction. The statement of the arresting officer is almost similar to that of the suspect, to the effect that the suspect was arrested inside the kiosk."
According to the letter, the investigator had said in his caution statement that Ebo had been chased and arrested but the arresting officer said Ebo had been arrested in a kiosk.
While arresting officer said he had found a black plastic bag containing a number of dried leaves suspected to be Indian hemp around the kiosk, the investigator said the dried leaves had been recovered when a search was conducted on Ebo.
"I have thoroughly studied the evidence available in the docket and come to the conclusion that the suspect is not the owner of the 29 wrappers of dried leaves and that he did not even know that the bag contained cannabis sativa, a narcotic drug," the letter stated.
It further pointed out that it was also clear that more persons had been arrested on that fateful day but their names did not appear on the docket.
"It is my opinion that a charge of possession of narcotic drugs without lawful authority, contrary to Section 1 of the Narcotic Drugs (Control, Enforcement and Sanctions) Act, 1990 PNDCL 236, cannot be sustained against the suspect Kwabena Ebo. In the circumstance, I advise that the suspect Kwabena Ebo be discharged," the letter added.
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