The Cocoa Affairs Circuit Court in Accra was on Wednesday thrown into a state of laughter, when a 35-year-old man stripped naked in the dock in an effort to prove that he was suffering from hernia.
Michael Dzogbey, who was facing charges of possession of Narcotic drug without lawful authority, pleaded with the court to temper justice with mercy after pulling down his shorts for the court to see how badly the disease had affected him.
He pleaded guilty to the charge and admitted having in his possession 772 wraps of dried leaves and three gallons containing liquid substance all suspected to be narcotics.
Lawyers present during the proceedings upon seeing the swollen abdomen of Michael Dzogbey, pleaded with the court to lessen the jail term of the accused person, noting that his condition would worsen if he was imprisoned for a longer period where he would also not get the needed medical attention.
Another lawyer who doubles as a Doctor and who was also present in court told the presiding judge that, looking at the current state of the hernia, the accused person needed to be on treatment as soon as possible, hence should be given a short jail term so he could go and come out early.
The presiding judge, Francis Obiri, after listening to the lawyers charged the accused person with use of narcotics rather than possession which by law stipulates a minimum jail term of 5 years, to warrant him a lesser sentence.
Michael Dzogbey was accordingly sentenced to a total jail term of six months for use of narcotics and the court also directed that, he should be taken to the hospital.
The facts of the case according to Deputy Superintendent of Police (DSP), Derry was that on November 28, 2014, personnel of the Anti-Armed Robbery Squad of the Criminal Investigation Department (CID) of the Police embarked on an operation in Adeiso, a village near Nsawam.
He said while at adeiso the said location, the term gathered intelligence that Michael Dzogbey, a notorious drug peddler” had imported some quantity of plant material suspected to be narcotic drug and was keeping them in his room.
DSP Derry explained further to the court that the team quickly proceeded to his house (Michael) and met him distributing some paper wraps suspected to be narcotics to people.
“On seeing the police, they all took to their heels but the accused was arrested in his compound. He led the police to his room when instructed and after a thorough search, 722 wraps of dried leaves, and 3 gallons containing liquid substance were retrieved,” he said.
He (Michael) was later brought to the CID Headquarters together with the exhibits and handed over to the Narcotics Unit for investigations.
Michael reportedly admitted the offence in his caution statement and mentioned one Owusu as his supplier but failed to help the police to arrest of the said supplier.