State prosecutors are expected to parade three witnesses to prove their case against four individuals arraigned for their alleged roles in the train accident at Abortia in the Volta Region.

This was made known on Wednesday, July 17, during the Case Management Conference (CMC) before the High Court (Criminal Division) presided over by Justice Lydia Osei Marfo.

The four accused are Koku Koudjo, a 34-year-old gas welder; Patrick Kwaku Sosu, a 52-year-old laborer; Alaza Prosper, a 28-year-old laborer; and Fiadugbe Emmanuel, a 31-year-old laborer. They are facing multiple charges.

They have pleaded not guilty and have been granted bail of GH₵200,000 each, with two sureties to be justified.

As part of their bail conditions, the court stated they must report to the police every Friday, and the accused and their sureties are required to submit copies of their Ghana Cards to the court’s registry.

The charges against the accused are as follows:

Aiding the Obstruction of a Train using a railway line, contrary to Sections 85(1)(b) and 85(1)(a)(G) of the Railways Act, 2008 (Act 779).

Aiding in Endangering the Safety of a Person on a train using a railway line, contrary to Section 85(1)(b) and 85(1)(a)(it) of the Railways Act, 2008 (Act 779).

Unlawfully Placing Stones Across a Railway Line, contrary to Section 86(1)(a) of the Railways Act, 2008 (Act 779).

Causing Unlawful Damage, contrary to Sections 20(1) and 172(1)(b) of The Criminal Offences Act, 1960 (Act 29), as stated by the prosecution.

Meanwhile, Koku Koudjo and Patrick Kwaku Sosu, despite being granted bail, were unable to meet their bail conditions. Following requests from their respective counsel for bail variation, the court granted the requests despite the prosecution’s opposition.

Justice Osei Marfo ruled that the first and second accused persons are granted bail in the sum of GH₵150,000.00 each, with a surety required to provide landed property valued at no less than GH₵150,000.00. All other conditions remain the same. Any indenture produced by any of the sureties that is not covered by a titled document can be verified by the owner, who must declare its authenticity and ownership.

The case has been adjourned to October 17, 2024, for a Case Completion Plan, where a date will be set for the trial to begin.

The prosecution’s case states that the complainant, Dr. Divine Olutey, is an engineer with the Ghana Railway Corporation.

Accused Persons:

Koku Koudjo (1st Accused) – gas welder

Patrick Kwaku Sosu (2nd Accused) – laborer

Alaza Prosper (3rd Accused) – laborer

Fiadugbe Emmanuel (4th Accused) – laborer

On April 18, 2024, between 9:00 AM and 1:00 PM, the accused were aboard a Hyundai Gold truck with registration number GS 9018-20, driven by one Dzidotor Abel (now a convict). Preliminary investigations revealed that the accused had purchased some blocks from a block factory at Juapong and conveyed them to Abortia using the underpass of the railway lines.

After discharging the blocks at the 1st accused’s site, the accused decided to avoid the underbridge and cross the railway lines with their vehicle. All four accused, fully aware that the railway lines were inaccessible to motor vehicles, still chose to use the railway lines as a shortcut to get to Juapong.

When they arrived at the railway lines and realized it was impossible to cross over the railway tracks, they gathered stones from the sides of the tracks and placed them on the railway lines to create a path for the truck. However, the truck still became stuck on the railway line.

The prosecution further stated that the accused tilted the head of the truck and left the scene without providing any warning for trains using the tracks. Investigations revealed that there is no access route across the railway tracks to the Juapong road. Even if the truck had successfully crossed the railway, a large gutter and a stream on the west side of the railway lines would have prevented the accused from joining the Akuse-Juapong road.

Cost of Damages On the same day, the management of the Ghana Railways Company, led by the complainant and including 28 engineers from Ghana and Poland, embarked on a test run of the new Diesel Multiple Unit (DMU) 001 train from Tema to Mpakadan. This test run had been announced in advance, and when the train reached the Abortia area, it collided with the Hyundai Gold truck, which was stuck across the railway lines. Both the train and the truck were damaged.

The train was sent to Tema for examination, while the wreckage of the truck, which was damaged beyond repair, was taken to the Juapong police station for further action. An examination of the damage caused to the train, conducted by the manufacturers, estimated the damage at $2,138,466.86.

On April 19, 2024, the driver, Dzidotor Abel, was arrested and arraigned before the Circuit Court in Juapong, presided over by His Honour Proper Deu-love Gomashie, where he pleaded guilty to three out of four counts and was subsequently convicted and sentenced to six months imprisonment.

The prosecution states that investigations are still ongoing regarding the validity of his license at the time of the incident.