Crime & Punishment of Monday, 13 August 2007

Source: GNA

Court to rule on submission of "no case" by MV. Benjamin owner, crew

Accra, Aug. 13, GNA - An Accra Fast Track High Court will on October 16, this year, rule on whether or not the vessel owner and crew on board MV Benjamin, the vessel allegedly used in transporting 77 parcels of cocaine to Ghana last year have a case to answer. The court's decision stemmed from a submission of no case filed by accused persons' counsels, that they did not have a case to answer after prosecution had called 13 witnesses.

The defence team had earlier said that the charges preferred against their clients could not be sustained to warrant the court to call on them to open their defence.

Mr. William Kpobi, Principal State Attorney had prayed the court to reject a submission of "no case" put in by the accused persons and called on them to open their defence.

The accused are Joseph Kwabena Dawson, Managing Director of Dashment Company Limited, who is the owner of the vessel and three others are being tried for the various roles they played in importing the cocaine on board MV Benjamin.

The rest of the crew are Pak Bok Sil, a-46 year-old Korean Engineer, Cui Xing Li, 44, and Luo Yin Xing, 49 both Chinese Sailor. Isaac Arhin, Philip Arhin, Cui and Luo are charged with possessing narcotic drugs without authority and engaging in prohibited business. Dawson is being held for using his property for narcotic offence. They have pleaded not guilty and are in police custody. Continuing with his argument on a submission of "no case", Mr Kpobi, said Isaac Arhin concealed the truth by denying that he did not know the vessel Adede II, when officials of the Ghana Navy had questioned him.

He said the purchase of groceries by Isaac indicated that he knew that he was going to embark on the voyage. Mr. Kpobi wondered how Isaac could disclose the contents of the parcels to Inkoom, when the drugs were carted onto the two small boats. Mr. Kpobi questioned why the accused persons could embark on engine trials for weeks on the high seas. The story of the accused that guns were pointed at them, could not be accepted by the court, adding there discrepancies in that piece of evidence, the Principal State Attorney said. On the charter agreement, Mr. Kpobi quizzed the accused persons on how the vessel could be given out for charter for a fee of 150,000 dollars, which was not paid by Sheriff Asem Dake, alias Limping Man. On Philip Arhin, Cui and Luo, Mr Kpobi noted that they declined to tell the truth about the said voyage.

He said Luo's evidence that he only went to eat on the vessel, should not be accepted because he was employed to assist James Inkoom, a prosecution witness, who was also on board the vessel. He therefore prayed the court to call on all the accused persons to open their defence.

On February 26, 2006, the accused persons were rounded up by security personnel for the various roles they played in the missing 76 parcels of cocaine on board MV Benjamin/Adede II. Isaac, Philip, Cui and Luo, who were on board the vessel, allegedly had in their possession one slab containing 30 parcels each weighing about one kilogram. 13 Aug. 07