After 2years of high-profile cocaine trial

APPEAL COURT FREES TAGOR
Posted: Chronicle on Saturday |July 25, 2009.


By Charles Takyi-Boadu

The atmosphere at the forecourt of the Supreme Court building in Accra was that of joyful moment for the Kwabena Amanning alias Tagor and Alhaji Issa Abass and their respective families as the two convicts were set free by the Court of Appeal. Abass and Tagoer were jailed in number 2007 for dealing in narcotics.
Overwhelmed by the verdict of the court, the two and their families could not find words to describe their feelings. The day marked a significant turning point in the lives since for the first time in almost two years; they put up smiles on their faces.
The two gained their freedom after serving almost 2years out of the 15years sentence imposed on them by an Accra High Court presided over by Justice Jones Victor Dotse.
In a landmark ruling which set aside the earlier ruling, Justices Peasah, Addo and Appau of the Appeal Court said the High Court judge erred in his ruling since he did not have enough evidence to convict the two of the charges brought against them by the prosecution.
It was as though they knew what the verdict was going to be, when the two gentlemen- Tagor and Alhaji Issah Abass beamed with smiles all morning, chatting and exchanging pleasantries with friends and family members.

Then came the moment when Justices Peasah, Addo and Appau entered the courtroom to deliver the almost 3hours verdict. The three unanimously agreed that the trial High Court erred fundamentally in convicting the suspects and therefore proceeded to acquit and discharge them. The court described the conviction of the two individuals as outrageous since in its wisdom, the prosecution failed to prove beyond all reasonable doubt that Tagor and Abass indeed committed the crimes for which they were convicted.
The court therefore ordered for their immediate released from jail, emphasizing that “at the close of case, the prosecution had woefully and miserably failed to prove their charges beyond all reasonable doubt.”

The two were said to have made confessions about their previous dealing in the drug business at the residence of Assistant Commissioner of Police (ACP), Kofi Boakye in May 2006. The said conversation was recorded and anonymously dropped at the Georgina Wood Committee set up by the government at the time to investigate the missing 76 parcels of cocaine on board MV Benjamin, which had docked at Tema.

The Appeal Court said the High Court judge tried the case misunderstood the conversation that took place at the Kanda residence of Assistant Commissioner of Police (ACP), Kofi Boakye between the police chief and the two, stressing that the said meeting was not to conspire and reap benefits from the supposed 76 of the 77 parcels of cocaine which were alleged to have been stolen from the MV Benjamin vessel.

The court could not fathom why a principal witness like ACP Kofi Boakye was not brought to court to testify during the prosecution, stressing that this was deliberate.
The court therefore saw nothing wrong with the said meeting between Kofi Boakye and the suspected drug barons. The court indicated that Kofi Boakye only wanted to clear his name from rumours which were then making rounds that he was involved in narcotic dealings.

Lawyer for Kwabena Amaning, Dr. Dominic Ayeni said though Tagor is still in jail, the court order would be served on the Director of Prisons who would immediately free him from the Nsawam Prisons. He told newsmen that hopefully, by Monday morning, the order would have been served on the Director of Ghana Prisons and Mr. Kwabena Amaning a.k.a Tagor and Alhaji Abass would be eventually freed.
The Fast Track High Court on November 28, 2007 found Tagor guilty of conspiracy, engaging in prohibited business relating to narcotic drugs because he confessed to his drug transactions. He was, however, acquitted and discharged for buying and supplying narcotic drugs.
The court, presided over by Mr. Justice Jones Victor Dotse, a court of Appeal Judge, also found Alhaji Issah Abass guilty of conspiracy and engaging in prohibited business relating to narcotic drugs.
The court, ordered that the sentences should take effect from the day of their arrest. The Serious Fraud Office confiscated assets of the convicts. The Attorney General and minister of Justice, Betty Mould Iddrisu has meanwhile told Joy FM that the ruling has come to them as a surprise. She said her team would be meeting on Monday to decide their next line of action.