Tehoda's lawyers cannot dictate to police – Atinga-Bio
6/15/2012 11:00:10 PM -
The Director General of Police in charge of Administration Rose Ating-Bio is flaring up over protests by lawyers of embattled DSP Gifty Mawuenyega Tehoda who is facing trial in the cocaine-turned-soda saga.
The police administration has begun a service enquiry against the police boss, even though she is in court answering for the swap of cocaine with soda.
Her lawyer, Oliver Dzeble told Joy News his client cannot submit to another quasi-judicial body whilst facing trial at the law courts.
Tehoda was charged with abetment of crime and stealing of cocaine early this year when a cocaine exhibit tendered in evidence in court mysteriously turned into sodium bicarbonate.
The mystery led to the acquittal and discharge of Nana Ama Martins, a suspected cocaine dealer who was standing trial.
Gifty Mawuenyega Tehoda was arrested for her role in the missing of the cocaine and subsequent acquittal of the suspect.
Lawyer for Tehoda is convinced that once the jurisdiction of the court has been invoked on his client, it is out of place for any proceedings which appear to have a semblance of judicial nature to be activated against her.
Oliver Dzeble told Dzifa Bampoh they will not be part of any such process by the police which has the tendency to prejudice the case they are defending in court.
He said they will take the necessary action to stop their client from being prosecuted concurrently.
But the police administration is unmoved. COP Rose Bio Atinga told Joy News the interdicted deputy head of commercial crimes unit is being investigated for misconduct.
'Her misconduct by going for the suspect from our custody under the pretext of conducting investigations when she was not the investigator.
'That is contrary to our regulations and it is misconduct,' she argued.
Atinga Bio said when a police officer commits a crime he or she could be liable for prosecution but that will not stop the police administration from conducting its own service enquiry.
She said lawyer Dzeble cannot dictate to the police how to conduct its activities.
Meanwhile a Senior law lecturer with the Ghana Institute of Management and Public Administration (GIMPA) says the Police has not erred in conducting its enquiry.
Kofi Abotsi, said the service enquiry is only an Administrative Procedure and it is permissible under the law.
He told Joy News the enquiry will take the character of an investigation which should not be incompatible with the case in court.