Lawyer for Kwabena Amaning, also known as Tagor, one of the four arrested suspected drug barons in Ghana, has challenged the State to prosecute his client if it has the evidence.
Nana Asante Bediatuo says his client’s rights to liberty are being grossly violated with his continued detention.
Kwabena Amaning has been in police custody for almost three months following his arrest after his alleged involvement in the disappearance of some 78 parcels of cocaine on a shipping vessel MV Benjamin that docked at the Tema Harbour.
Kwabena Amaning has been in police custody with three others; Kwabena Acheampong, Victor Kisseh and Alhaji Issa Abass on the charges of conspiring, importing 78 parcels of narcotic drugs without license, engaging in prohibited business relating to narcotic drugs and establishing and promoting businesses related to narcotic drugs.
With the exception of Victor Kisseh, alias Yaw Billa, the suspects were arrested after testifying at the Justice Georgina Wood Committee set up by the Ministry of the Interior to investigate two high-profile cocaine cases. Kisseh was arrested later.
The case of the Prosecution is that in April 2006, 78 parcels of cocaine each weighing 30 kilogrammes were imported into the country on board MV Benjamin, a vessel that docked at the Tema Harbour. The Police had information about it and proceeded to the scene but discovered only one 30-kilogram parcel in the vessel.
Speaking to Joy News, Nana Asante Bediatuo said he will file a motion at the High Court to compel the prosecution to produce evidence incriminating his client, otherwise they should release him without any further delay.
“Normally when somebody is said to be under reasonable suspicion of having committed a crime, there are certain fundamental facts which should lead a reasonable person to conclude in that manner. You can imagine that in this particular case there are no such facts and in any event, certainly it will seem to me that if the prosecution has not finished their investigation then on what basis are they continuing to hold them? If your facts do not support or warrant remand at this time the proper thing to do is to admit them to bail and put reasonable restrictions on their movement, requiring them to report to the courts or the police once a week or whatever it takes”.
Asked if the suspects would not abscond while on bail, Nana Bediatuo said the necessary restrictions could be put on suspects being admitted to bail to deter them doing so, and in any case the fear of jumping bail should not legalise the blatant abuse of their rights to freedom.
“What I am saying is that the burden of the State in terms of protecting personal liberties is so high that if the State has to pay for detectives to ensure that their movements are checked and that they do not escape then the state has to do that.”
“On a common sense basis, when you charge somebody with a crime and the facts are that they did x, y and z and then you yourself put faith in a committee of enquiry and their findings and those findings suggest clearly that the person was not involved, the proper thing to do is to release them. I have said time and again in this matter, this is merely a high profile case, thousands of Ghanaians, accused persons go through this every day, and I think it is time we took serious note of that and did something about it.”
According to the lawyer, given developments on the case, his client has no option than to seek redress at a higher court.
On Wednesday, lawyers and family members of the four suspects were left without any explanation as the judge and prosecution failed to show up in court.
The lawyers and relatives of the accused persons hanged around the Cocoa Affairs court waiting endlessly for the case to be called.
But after waiting for four hours, both lawyers and relatives left the premises of the court disappointed without any explanation and with no date of when the case would next be called.
Joy News learnt later that the case was not called since the Judge, Samuel Asiedu, was still on leave.
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