The famous recording said to have been bugged of former Police Operations Chief, ACP Kofi Boakye's conversation with suspected cocaine dealers failed to play in court on Tuesday. Court clerks attributed technical difficulties as reasons for the failure to play the famous recording, brought to court on a CD.
The recording is believed to be a conversation between Kofi Boakye and four others, two of who are standing trial for narcotic related offences. Justice Jones Dotse, the trial judge in the case in which Kwabena Amaning alias Tagor and Alhaji Issah Abass are standing trial for their alleged role in the loss of parcels of cocaine on the shipping vessel MV Benjamin, had directed that the tape be played in court.
The court was all set to listen to the CD after the judge had overruled an earlier objection raised by lawyers for the suspects, however the recording only played out a muffled sound that defeated the purpose of aiding the prosecution of the case. At its previous sitting, the admissibility of the tape was a subject of intense legal debate between the prosecution and lawyers of the accused. The judge then adjourned the case to enable him give a ruling. After two weeks of considering the arguments Justice Dotse admitted the tape in evidence.
The judge said he was admitting the tape because he had satisfied himself that the tape was authentic and original and relevant to the case. He also said the prosecution had laid enough basis for the admission of the tape in evidence. He therefore dismissed arguments advanced by lawyer for Issah Abass that the recording was based on the participants' consideration of the position of the Police Operations Chief. He consequently instructed that the recording be played. Tagor's lawyer however pleaded with the judge to adjourn the case to enable them study the ruling and appeal accordingly.
Justice Jones Dotse refused to grant the request and maintained that the recording be played which was then docked by what the clerks said was ‘technical problems.’ The Judge then adjourned hearing to Wednesday for another attempt to play the recording.

ACP Kofi Boakye Tape admitted in evidence but Defence to appeal

Accra, Feb. 21, GNA - An Accra Fast Track High Court on Tuesday admitted into evidence the controversial ACP Kofi Boakye Tape on which some alleged drug barons confessed their involvement in a cocaine deal but defence counsel have said they would appeal against the ruling. The Compact Disc (CD) was also played in court, but due to technical reasons the Court could not listen to it. The case was, therefore, adjourned to March 21 for continuation.
The CD was 93dropped" by an anonymous person when the Georgina Wood Committee set up by the Ministry of the Interior to investigate some drug-related cases requested the public to assist it to unravel the mysteries behind the disappearance of 77 parcels of cocaine on board MV Benjamin.
The voices on the CD are believed to be those of Tagor and Alhaji Abass, Assistant Commissioner of Police (ACP) Kofi Boakye, Kwabena Acheampong and Alhaji Imoro.
On February 21 2007, Detective Inspector Charles Adaba tendered the CD but the Court said it would rule on its admissibility on Tuesday. He narrated to the Court how he commenced investigation into the matter.
Detective Inspector Adaba said ever since the case was handed over to him to investigate, he had not been able to trace the source of the tape.
According to him, Mr Joe Ghartey, Minister of Justice and Attorney-General, handed over the recorded conversation on CD and case docket to him.
He sought the permission of the Court to tender the CD, but the defence team objected to the tendering of the tape through him, saying it was not coming from "proper custody". The Court, in its ruling admitted that it was relevant to the trial and should be admitted in evidence. Mr Ellis Owusu-Fordjour, who represented Tagor, said: "It is only when the CD had been subjected to the test of admissibility that we can play it to the hearing of the court." According to Defence Counsel, no legal foundation had been laid to warrant the witness to tender the CD in evidence.
"Which law allows persons to record private conversation? The 1992 Constitution jealously guards the liberties and freedom of persons...," Counsel said.
Mr Owusu-Fordjour told the Court that he was surprised the Investigator could not identify the recorded conversation tape unless it was played adding that originality of the tape was doubtful. Mr Mohamed Attah, counsel for Abass, associated himself with Mr Owusu-Fordjour's submissions.
Ms Gertrude Aikins, Chief State Attorney, stated that the argument of the Defence was baseless because a prosecution witness, Mr Yaw Baah, who was a member of the Georgina Wood Committee, had laid the foundation for the CD to be tendered.
The Court overruled the objection, saying though its source was doubtful it was relevant and authentic.
According to the Court the recorded conversation was relevant to the Court because none of the accused had denied their voices on the CD. Highlighting the said recorded conversation, the Court noted that the meeting was held in a relaxed environment and none of the accused was restrained.
After the ruling, Detective Inspector Adaba continued with his evidence.
Meanwhile, the Defence has prayed the Court to make its ruling available to enable them to appeal.
Tagor and Alhaji Abass, who are alleged self-confessed drug barons, are jointly charged for conspiracy.
Tagor has additionally been charged for carrying out prohibited business relating to narcotic drugs; buying and supplying of narcotic drugs while Abass is being held for carrying out prohibited business relating to narcotic drugs and supplying narcotic drugs.
They have pleaded not guilty and the Court, presided over by Mr Justice Jones Dotse 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.
In the process, the accused persons purchased, supplied, paid and credited the drugs, which they further distributed outside and within the country. The Prosecution said on April 26, 2006, a ship, MV Benjamin, anchored in Tema breakwaters with 77 parcels of cocaine. However, 76 parcels were offloaded into two canoes, which landed at the Kpone Beach in the Greater Accra Region.
The Prosecution said the news of the 76 parcels got to people of the underworld and even the security agencies also had wind of it. Assistant Commissioner of Police (ACP) Kofi Boakye invited them to a meeting in his house at Kanda in relation to the missing cocaine. At that meeting, the accused persons voluntarily confessed to their dealings in narcotic business and even boasted openly of previous activities.
The accused in the process also confessed openly that they had purchased drugs, supplied, credited and distributed drugs outside. The accused, at ACP Kofi Boakye's house also agreed to locate the 76 parcels of cocaine and share them in furtherance of their business because the quantity of cocaine brought in by the ship was too much for one person to enjoy.