Crime & Punishment of Monday, 24 November 2008

Source: GNA

Warehouse owner granted bail in the Anyaa fire explosion case

Accra Nov. 24, GNA - Janet Akani Sarbah, a trader whose warehouse exploded at Anyaa killing seven people on Monday appeared before a Circuit Court in Accra charged with possessing firecrackers without lawful authority. Janet whose plea was not taken has been admitted to bail in the sum of 100,000 Ghana cedis with two sureties to be justified to reappear on December 3.

Earlier, Assistant Commissioner of Police (ACP) Elizabeth Allandu informed the court that the Police was consulting the Attorney General's Department on the matter. According to her, the items had been banned and the Police would need to investigate her licence and the circumstances under which the goods found its way into the warehouse at Anyaa. The three legal defence team led by Mr Frank Davis acknowledging the deaths of seven persons described the situation as unfortunate. Narrating how the explosion occurred, Mr Davis said a customer from Kumasi ordered for some of her goods and the accused informed her workers.

Defence counsel said the lights in the area went off therefore the workers went into the warehouse with "naked Light" that is a candle and that caused the explosion. He said when his client, a mother of four, heard that her warehouse was on fire, she collapsed and as soon as she was resuscitated she and her husband walked to the Police to report. Mr Davis insisted that his client's plea should be taken since the charge levelled against her was a misdemeanour punishable by a fine or a prison term not exceeding 12 months or both. "This is not murder or treason, the charge preferred against her constitute those that bail cannot be refused," Mr Davis said. "We are constrained to put in bail application if her plea is not taken, that would mean, we are jumping the law," he added. But the court, presided over Mr C.A Wilson pointed out to Mr Davis that the prosecution had indicated that they were consulting the Attorney- General on the matter.

"If you want to put in your application for bail do so," the trial judge said.

Mr Davis said his client was a Ghanaian who dealt in firecrackers, a business which Janet had conducted since 1998. He said the items raised down by fire did fall under those that have been exempted under the law, noting that even heat could cause the explosion.

According to him, the concentration of the goods at place for long time could cause the explosion. He pointed that his client had been cooperating with the police, pointing the out that she was not going to tamper with Police investigations. "All her warehouses located in Accra had been put under police surveillance and the place where the incident occurred had been excavated." Mr Davis condemned the media hype, explaining that this is a normal case.

Defence counsel said Janet had a permit from the Town and Country Planning for the building which was built under specification. The facts read by ACP Allandu says Janet imports goods during Christmas seasons and sometime during the year imported firecrackers and placed them at a warehouse at Anyaa. On November 17, this year at about 6:30 pm, she asked her workers to cart some of the goods from the warehouse for a customer in Kumasi. Prosecution said the lights in the area had gone off. The workers therefore lit a candle, which caught fire. Seven people died and several others got injured. She said the dead have been deposited at the Morgue awaiting autopsy.