…As Appeal Court clears him of any wrongdoing
Posted: Sunday, July 26, 2009
By Charles Takyi-Boadu
The judgment of the Appeal Court last Friday in which it freed the two individuals at the centre of the MV Benjamin vessel cocaine case, Kwabena Amaning a.k.a Tagor and Alhaji Issah Abass seems to brighten the chances of Assistant Commissioner of Police (ACP) Kofi Boakye return into the service.
In their judgment, the three Appeal Court judges, Justices Peasah, Addo and Appau wondered why the Police Chief has been made to suffer an unjustifiable fate for such a long time since in their wisdom, he did nothing wrong to warrant his suspension or interdiction from the Ghana Police Service (GPS).
According to the judges, the then Director in Charge of Operations of the Ghana Police Service, was desperate in clearing his name that had been linked to the 76 missing parcels of cocaine.
“The appellants could not have conspired by stating that they agreed to reap the benefits of the cocaine” emphasising that “He (Boakye) was right in adopting lawful and unlawful means to establish the source of the 76 parcels of cocaine. The said conversation could not be termed as a confession statement.”
They therefore rubbished prosecution’s claims that because they agreed to look for the source of the drugs, they had conspired to commit the crime.
They therefore saw nothing wrong with him either having or meeting the supposed ‘drug barons’ at his official residence at Kanda in Accra.
After listening to the tape of the said conversation and various arguments and evidence available, the judges indicated that there was no indication of Kofi Boakye wanting to conspire with the supposed ‘drug barons’ to commit the crime of dealing in narcotic drugs.
From the conversation, they noted that the Police Chief was outraged by speculations at the time, which sought to link him to the missing 76 out of the 77 parcels of cocaine on board the vessel MV Benjamin.
This, according to the learned judges was evident in the extent of his anger and outburst during the entire conversation, an indication of a man anxious to clear his name.
They wondered why such a material witness as Mr Boakye was not brought to court by the prosecution throughout the entire process to testify, stressing that this was deliberate.
For this reason, the court averred that it was not fair for the officer in question to be branded as though criminal or participated in a criminal process.
Aside that, the three judges indicated that the prosecution failed to prove as stated by the constitution about criminal proceedings, ‘beyond all reasonable doubt’ that the individuals whose voices were heard on the tape in the conversation were indeed drug dealers since there was no substantial evidence to prove that charge.
As a police officer, the court noted that Kofi Boakye could meet ‘suspected criminals’ anywhere to solicit for information which would be beneficial to his work and therefore saw nothing wrong with either meeting in itself or the venue for the meeting, which was his official residence.
By this decision of the court, Counsel for Kofi Boakye, lawyer Joe Aboagye Debrah believes that his client will be made to return back to his post to resume work since he did nothing wrong.
In several interviews after the landmark ruling last Friday, he was more than merely optimistic that the Police Council, which is chaired by Vice President, John Dramani Mahama will see the wisdom in the courts’ decision and reinstate Kofi Boakye.
He was therefore hopeful that sooner than later, his client will be made to take his place and position in the Ghana Police Service (GPS) in the interest of the nation.
Meanwhile, credible sources at the seat of government, the Osu Castle, have hinted the paper that possible return of the embattled Police Chief into the service has sparked a huge debate in the ruling government between some members of the administration and the party, the National Democratic Congress (NDC).
Information has it that though President Mills and some members of his government and more so the party would have preferred to recall Kofi Boakye back into the service, for the fact that he has done nothing untoward to warrant his continuous stay at home and was reinstated by President Kufuor before he left office, there is a deliberate attempt by others within the NDC who are against the idea.
The underlying fact, according to our sources, is that of a hidden agenda being pursued and championed by some serving senior officers in the Police Service itself who feel their positions would be at stake if Kofi Boakye were reinstated.
Jittery as they are, the officers are said to have embarked on a huge and intensive lobbying to keep the man whose style and penchant for not only pursuing but arresting criminals including the famous Aryee Ayittey alias ‘Ataa Ayi’ has earned him the nick-name ‘crime-buster’ at bay.
They are therefore said to be influencing their friends and colleagues in government to influence the President and his governments’ decision on the matter.
According to the source, whilst those in Kofi Boakye’s favour are believe he could help the government in bringing sanity into the country, especially in the capital, Accra where crime is on the increase, his opponents argue that he has dented the image of the Police Service and should not be returned.
