General News of Wednesday, 17 October 2007

Source: Times

Court Frees Korean In Cocaine Case

PAK Bok Sil, a Korean vessel engineer who was standing trial with five others for his involvement in the importation of 77 parcels of cocaine on board the vessel M.V. Benjamin, was yesterday acquitted and discharged by an Accra Fast Track High Court for lack of evidence.

However, the five others,including Joseph Kojo Dawson, the vessel owner, were ordered by the court, presided over by Justice Annin Yeboah of the Court of Appeal, to open their defence because the prosecution had led sufficient evidence (prima facie case) against each of them.

Apart from Dawson, those expected to open their defence are Isaac Arhin, 49, Phillip Bruce Arhin, 49, a mechanic; Cui Xian Li, 49, a vessel engineer and Luo Yui Xing, 49, both Chinese, who were on board the vessel that allegedly brought the narcotic drug packages.

All five men have been charged for the various roles they played in the alleged importation of the cocaine to the Tema Port in April last year.

It was Sheriff Asem Darke popularly called "Limping Man", now at large, who allegedly chartered the vessel from Dawson at 150,00 dollars under the pretext of towing his distressed vessel from Conakry, Guinea.

Dawson has pleaded not guilty to using his property for narcotic offences.

Isaac Arhin, Bruce Arhin, Li and Xing have all pleaded not guilty to two counts of engaging in prohibited business as related to narcotic drugs and possessing narcotic drugs unlawfully. The prosecution called 13 witnesses before closing its case, after which all the accused persons filed a submission of ?no case? because they believed that the prosecution could not convince the court that they knew about the cocaine.

Bok Sil, who was acquitted and discharged, had pleaded not guilty to one count of engaging in prohibited business related to narcotic drugs.

In his ruling, Justice Yeboah said although the prosecution had led evidence that Bok Sil was the person who had repaired the vessel that brought the cocaine, the accused had done so in his professional capacity as an engineer.

He said the initial investigator, Detective Inspector Justice Nana Oppong had even told the court during cross examination that Bok Sil repaired the vessel in his professional capacity adding "It will be unjust for the court to ask him to open his defence since the prosecution has not been able to establish a case against him".

"The evidence led by the prosecution leaves clear doubts as to whether Bok Sil knew about the cocaine. The evidence is based on mere suspicion."

The court said that the fact that Bok Sil was tasked to repair the vessel or had a meeting with another Korean called Killer, who is also wanted in connection with the case, did not mean that he was aware that the vessel was to cart cocaine.

Ordering the rest to open their defence, Justice Yeboah said "the prosecution has succeeded in establishing a case beyond reasonable doubt against the first(Dawson), third (Isaac Arhin), fourth(Phillip Arhin), fifth (Li) and the sixth(Xing) accused persons".

He said the court was however not required to give reasons for the action taken saying "if I do it now, it will prejudice the trial because they are yet to mount the witness? box".

Proceedings were adjourned to tomorrow,October 18, for them to open their defence, starting with Dawson.