Crime & Punishment of Thursday, 2 August 2007

Source: GNA

MV Benjamin was to tow distressed vessel, not cocaine

Accra, Aug. 2, GNA - Joseph Kwabena Dawson, owner of the MV Benjamin which was used to ship 77 parcels of cocaine into the country, on Thursday said he did not give the vessel to Sheriff Asem Dake aka Limping man to import drugs.

Dawson said in the charter agreement, Sheriff stated that MV Benjamin was to be used in towing a distressed vessel at Conakry, Guinea.

In a submission of no case, Dawson's counsel, Mr D.K Amarley prayed the Fast Track High Court to take a critical look at the charter agreement, which spelt out responsibilities of all parties. According to Mr Amarley, no one would readily tell a vessel owner he was going to use the vessel to transport cocaine and he would rent it out.

Dawson is standing trial with five crew members for the various roles they played in importing the 77 parcels of cocaine on board MV Benjamin.

The crew are Pak Bok Sil, a 46 year-old Korean Engineer, Isaac Arhin, a 49 year-old sailor, Philip Kobina Bruce Arhin, a 47 year-old mechanic, Cui Xing Li, a 44 year-old Chinese sailor and Luo Yin Xing, a 49 year-old sailor.

Isaac Arhin, Philip Arhin, Cui and Luo are charged for possessing narcotic drugs without authority and engaging in prohibited business. Park and Dawson, who is Managing Director of Dashment Company Limited and is being held for using his property for narcotic offence, are facing the charge of engaging in prohibited business relating to narcotics.

They have pleaded not guilty and are in Police custody. Pak is also said to have repaired the vessel to facilitate the transportation of the cocaine from Takoradi to Tema. 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.

Mr Amarley said the prosecution after calling 13 witnesses had not been able to adduce evidence to warrant the court to convict his client and prayed the court to discharge Dawson.

Defence counsel said the first prosecution witness, Corporal Edward Asante of the Narcotics Control Board, admitted that the vessel was bare.

He said Corporal Asante also admitted that supplies to the vessel were made by some other person and not by Dawson. Defence counsel said a prosecution witness from the Takoradi Port said he could not identify the signatures on the inward and outward cards of the vessel.

According to Mr Amarley the signatures were executed by Isaac Arhin and payments to the crew were done by one Killer and not Dawson. Defence counsel said when the Police invited Dawson for questioning he voluntarily told them that Sheriff owed him and that he (Dawson) had called him (Sheriff) for a meeting.

"My client went with the Police and met the driver of Sheriff who in turn took them to Sheriff's house." According to Mr Amarley the Police asked the driver and Dawson to stay away while they went to arrest Sheriff but they only returned to inform them that they did not find him.

Mr Amarley asked: "Where is Sheriff's driver who was granted bail and has abscond and where is the surety?" Defence Counsel pointed out that the star witness, Detective Inspector Charles Adaba, could not lead evidence to dent the charter agreement.

A look at Detective Inspector Adaba's evidence, Defence counsel said, indicated that it was full of judgements, which were to be passed by the court and not him, the investigator.

He said from the evidence adduced by the prosecution, there was no need for the court to call on his client to open his defence and urged the court discharge him.

Mr Charles Agalga, who represented Pak, the second accused person who took his turn, also invited the court to let go his client. He said the prosecution had woefully failed to establish a case against Pak as he was only contracted to repair the said vessel for a fee of 1,000 dollars by one Mr Bi, a sales representative of MV Adede 11.

Defence Counsel said the prosecution had not been able to prove the essential ingredients of the charges preferred against his client. He said out of the 13 prosecution witnesses, only three made direct "touches" to his client.

Mr Agalga said Corporal Edward Asante, the first prosecution witness in his evidence, established that Pak was contracted to repair the vessel.

Defence counsel said it was Mr Bi, now in Spain, who sent some money down and asked Pak, then a caretaker of the vessel, to pay off the crewmembers. Mr Agalga said none of the witnesses could tell the court that Pak knew that the vessel was going to be used in carting cocaine hence he (Pak) carried out the repairs. He said Detective Inspector Adaba's evidence was discredited and prayed the court to disregard it and discharge his client. Hearing continues on August 6. 02 Aug. 07