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07.06.2007 General News

Why is Kofi Boakye not at trial? – Defense Lawyers

By myjoyonline

Lawyers of two persons standing trial for narcotics offences, on Wednesday questioned why the prosecution failed to invite Police Operations Chief, ACP Kofi Boakye to testify.

They said Kofi Boakye should have been invited since he called for a meeting with the accused persons which was secretly recorded.

The recorded conversation, alleged to contain confessions that the accused dealt in narcotics, is the prosecution's primary evidence against the accused.

The lawyers of the accused argued that the absence of Kofi Boakye's testimony jeopardizes the case.

They also entered a submission of no case, saying that the prosecution failed to lay proper and reliable charges.

Joy News' Evans Mensah who sat through proceedings, reported that Mr. Ellis Owusu Fordjuor, lawyer for Kwabena Amaning (Tagor) told the fast Track High Court that the former Police Director of Operations is a material witness in the case in which his client is charged for narcotic offences.

He said statements made by Kofi Boakye at the secretly recorded meeting with the accused clearly showed that he was investigating the case. But he wondered whether Kofi Boakye was doing so officially.

Mr. Owusu Fordjuor who was opening the case for the defense after the prosecution had closed theirs said ACP Kofi Boakye should have been invited to testify because of the extent of his involvement in the whole saga.

He said Boakye's absence jeopardizes any chance of uncovering the truth.

The lawyer said the State has no case against his client arguing that the charges preferred against him are flawed. He said the charge of conspiracy is not supported by the law on which it was predicated.

The lawyer said the prosecution also failed to say when the alleged offence was committed.

According to him, this is a significant omission since the charges are based on the law passed last year.

Mr. Owusu-Fordjuor said the timing of the offence will establish whether the accused could be charged under the new law since laws do not take retrospective effect.

The lawyer told the court that the charges against his client also failed to identify where the offence was committed to enable the court determine if it had jurisdiction to even hear the case.

The case has been adjourned to the 14th of June to enable lawyers of the second accused person; Alhaji Issah Abass mount their defence.