Drama unfolded at an Accra Fast Track High Court on Tuesday when a defence counsel cried foul over the way and manner its witness was answering questions and counsel applied to the court to allow him treat the witness as a hostile one.
Mr. Mohammed Attah, counsel for Alhaji Issah Abass, who is being held for a narcotic-related offence, said: "The witness, Colonel Isaac Kwasi Akuoku, (Rtd) ex-Executive Secretary of the Narcotics Control Board (NACOB), has taken us by surprise. He is not telling the truth, he is testifying against us.”
Mr. Attah said based on the instructions from his client, the witness seemed not to be telling the truth. "Based on this I will like to treat him as a hostile witness.”
The court, however, overruled defence counsel's application to treat him as a hostile one saying the application was not well laid.
According to the court this could only be done where the witness’ demeanour had been affected in the way he was answering questions.
According to court the witness had not displayed that.
"The fact that, what a party expects witness to say is not forthcoming does not mean that you should treat him as such."
Led in evidence by Mr. Attah, Colonel Akuoku, now a farmer, admitted knowing Abass casually because he (Abass) had wanted to sell some cars to NACOB. However, they could not purchase the cars because of financial constraints.
Col. Akuoku denied knowing the source of the ACP Kofi Boakye tape saying, it was “dropped” anonymously at NACOB.
He said when the tape was “dropped” he listened to a portion which was played on a computer by the Operations Department, NACOB.
Col. Akuoko said the portion he listened to that interested him was in connection with a "shake up" to take place at NACOB.
Defence witness admitted that he instructed Mr Ben Ndego, former Head of Operations, to give a copy of the tape to Mr Emmanuel Agyarko, the Chief Executive Officer of the Food and Drugs Board who was then an active member of NACOB.
The witness said in April 2006, he ordered investigations into the case involving MV Benjamin or Adede II, which was alleged to have carried parcels of drugs.
Sometime later, the tape was “dropped” and he asked that investigations be conducted on the content of the tape.
"But I had to travel to Benin for a United Nations Conference and on my return, I was asked to proceed on leave."
He said he could not recall that Mr Ndego had asked Abass to record the meeting that took place at ACP Kofi Boakye's residence.
Defence witness denied that he entertained Mr. Ndego and Abass in his office and he listened to the ACP Boakye tape for five minutes and commended Abass for that.
"It is not true that Abass handed over the tape to Mr Ndego in my office," Col. Akuoku said.
When defence counsel quizzed him on the tape, the witness said he neither saw nor touched it.
According to him, he could not tell the number of staff who were present when the tape was played.
Explaining why he was interdicted, he said five out of 30 slabs of cocaine found on board the MV Benjamin got missing, hence he was asked to proceed on leave.
Answering questions from Mr Ellis Owusu-Fordjour, counsel for Tagor, Col. Akuoku told the court that he was working at NACOB on contract.
Defence witness said when the contract ended on March 30, 2006, he did not receive any salary or any End- of-Service Benefit.
When asked who did the duplication of the tape, witness said he could not tell.
Col. Akuoku debunked defence counsel's assertion that he did not want to mention names because of security reasons denying that he had also lost his memory because he seemed to forget so many events concerning the tape.
He admitted that it was Mr. Ndego who gave Mr Agyarko a copy of the tape but stated that he could not tell whether the contents of both tape were the same.
When asked about the whereabouts of Mr Ndgeo, Col. Akuoku said he could not tell, adding that the last time he saw him was in April, last year.
Answering questions under cross-examination by Ms Gertrude Aikins, Acting Director for Public Prosecution (DPP), Col. Akuoku admitted his evidence before the court was not different from what he had told the Georgina Wood Committee.
According to Col. Akuoku, his evidence was the truth.
Kwabena Amaning, aka, Tagor who is standing with Abass also produced a witness, Mr Akwasi Amarnor of Kumasi who told the court that Kofi Asare, Tagor's driver was dead.
Mr. Amarnor, who said Asare was his nephew, produced documents including an obituary and medical bills from the Komfo Ankoye Teaching Hospital.
According to the witness, Asare died in a motor accident on November 25, 2006.
It had been the contention of prosecution that Tagor bought a house from one Chris Archer for his driver but he has denied ever buying a house for him.
Alhaji Abass, 54, and Tagor, 34, described by the prosecution as self-confessed drug barons, are jointly charged for conspiracy and are being tried for drug-related offences.
Abass is also being held for carrying out prohibited business relating to narcotic drugs and supplying narcotic drugs while Tagor has additionally been charged for carrying out prohibited business relating to narcotic drugs, buying and supplying of narcotic drugs.
They have pleaded not guilty and the court has remanded them in prison custody.
The case of the prosecution is that the accused are self-confessed drug barons who since 2004 had been actively engaged in activities of promoting and establishing various enterprises relating to narcotic drugs.
Source: GNA
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