Crime & Punishment of Thursday, 23 November 2006

Source: GNA

Tsibu-Darko before Fast Track High Court

Accra, Nov. 23, GNA - Prince Tsibu-Darko, 49, owner of the Koreana Hotel in Tema, who was picked up by the security in connection with alleged involvement in narcotic drugs, was on Thursday put before an Accra Fast Track High Court and remanded into police custody. Tsibu-Darko, who also owns Kamoney Forex Bureau in Tema, had been granted bail in the sum of five billion cedis by an Accra High Court. Tsibu-Darko pleaded not guilty to carrying out prohibited business relating to narcotic drugs and the court remanded him into police custody to reappear on December 7.

Tsibu-Darko is alleged to have exported 3,700 kilograms of cocaine to an European country in the middle of 2005 but it was intercepted and seized.

Prosecution said the Police had launched a full-scale investigations into the matter and pleaded that they be given a month to finalise investigations.

Proceedings took a dramatic turn when Tsibu-Darko's counsel, Mr Gabriel Pwamang declined that his plea should be taken. According to Mr Pawmang, his client had earlier been granted bail by an Accra High Court for a similar charge and for the same court to also commence hearing into the matter would amount to mockery of justice.

He said his client had been charged and put before the Circuit Court and the matter was adjourned to November 28.

Meanwhile Mr Pwamang has filed a contempt suit against the Director of Criminal Investigations Department of the Ghana Police Service and Mr Charles Adaba, the investigator, for refusing Tsibu-Darko bail when the court had ordered that he should be admitted to bail. "The two would have to purge themselves of the contempt suit," he said, adding that to commence hearing could lead to confusion and discrepancies in the administration of the justice system. Mrs Yvonne Attakorah Obuobisah, a Senior State Attorney, explained that bail offered to Tsibu-Darko by the High Court was ineffective because at the time he was being granted bail, there was no charge levelled against him.

According to her the Office of the Attorney General on November 20 entered a nolle prosequi at the Circuit Court and filed fresh charges against Tsibu-Darko.

She said a notice was given to the presiding judge that a nolle prosequi had been entered and that there were no charges preferred against the accused person.

"In spite of this, the judge went ahead to grant him bail and that ruling had no effect because the charge did not exist." The Fast Track High Court, however, dismissed the preliminary objection raised by defence counsel and asked that the plea of the accused person be taken.

In the view of the court, it had no right to enquire about a nolle prosequi entered by the Attorney General, saying noelle prosequi could be entered even on the day of judgment or at the preliminary stages. The facts as presented by prosecution was that in the middle of the year 2005, accused was in possession of 3,700 kilogram's of cocaine a narcotic drug. 23 Nov. 06