Ellis Owusu-Fordjour, a defence counsel in the case involving Kwabena Amaning, also known as Tagor, and Alhaji Issah Abass, yesterday told an Accra Fast Track High Court that the charges preferred against his client, Tagor, are flawed and have no basis according to law.
Making his submission, he said: “The prosecution has not established any case for the accused to answer. It is our contention that the evidence so far is manifestly unreliable, the charges are all flawed basically because they were founded on inaccurate information.”
Last Wednesday, the prosecution in the case involving Kwabena Amaning and Alhaji Issah Abass who are charged with having knowledge about the missing 76 parcels of cocaine from MV Benjamin vessel, closed its case at the Fast Track High Court.
Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supply of narcotic drugs, while Abass is charged with three counts of conspiracy, engaging in prohibited business related to narcotic drugs and supply of narcotic drugs.
Counsel said further that the charges do not disclose the period within which the alleged offences were committed, arguing that “the particulars of an offence should show that within a certain period, an offence was committed, but that was not the case with regards to the charges.
He noted that in all the charges, the important word used by the prosecution was “admitted.” He contended that when people admit something on tape, that should not be the basis to prefer charges but instead, it should be based on an action or doing as enshrined in law.
Mr. Owusu-Fordjour pointed out that the tape is the basis of all the charges.
He noted that the charges were filed on November 24, last year, when the tape had not been scientifically transmitted.
He said the tape was produced on March 16, this year, which testifies that when the transcript was produced, trial had began.
He said every charge stems from the tape, of a conversation that took place at the residence of ACP Kofi Boakye, then officer in-charge of Police Operations, with four people including Tagor and Abass.
Counsel stated that ACP Boakye is a material witness who could assist in the determination of the case and as such, prosecution should have invited him.
“He is a material witness because he is a public officer. He is a material witness to come and testify to the court as to whether he invited them (accused persons) officially or unofficially,” he said.
Mr. Owusu-Fordjour submitted that an analysis of the tape showed that ACP Boakye was doing an official duty, saying he was conducting an investigation in the said meeting at his residence.
The court, presided over by Justice Jones Dotse of the Court of Appeal, adjourned the case to June 12 for counsel for the second accused to make his submission of no case, against his client.