Opinions of Tuesday, 27 January 2009

Columnist: Damptey, Daniel Danquah

Mr IGP, Has Mr Francis Hlorbu Committed Any Crime?

The police as an institution of state are there to maintain law and order. Over the years, the establishment has become synonymous with bribery, corruption, intimidation, over zealousness and strong-arm tactics. We have not forgotten the over 72 parcels of cocaine which disappeared from their custody. We have not forgotten the orgy of violence they unleashed on the defenceless citizens of Teleku-Bokazo and Anloga. We have also not forgotten about their arbitrariness in arresting traffic offenders and charging them before hurriedly established mobile courts on charges not in our statute books but on their summary conviction, heavy fines as much as GHC 600.00 were imposed on such ‘recalcitrant’ drivers. Those who could not pay the fines were sentenced to six months imprisonment or more.

In my write up on the Teleku-Bokazo and the Anloga crises titled “The other side of the story” and” The man died”, I made some very good recommendations which if the Police Administration had implemented, would have given the establishment a new lease of life. Thus, the sable- rattling from the public about the police must be taken with all the seriousness it deserves.

A 27 year old driver, Francis Hlorbu, who works with one of the Alcoholic Beverages Companies in the country decided to upgrade his licence from C to D. He went to the DVLA Office at Weija (GICEL) and it was there his ordeal began.

He had gone to make a photocopy of his driver’s license. In doing so, he had asked the operator of the photocopying machine to use a hard paper and laminate it for him. For that, he paid GHC0.50.

On Tuesday, Francis, in a hurry mistakenly took the photocopy of his licence to the DVLA office. The lady who attended to him asked him to bring the original copy the next day.

And so on Wednesday, 21st Jan. 2009, Mr. Francis Hlorbu was one of the first people to queue in front of the office. When he presented the original to the lady attendant, he was asked to wait a little. Thinking, his dream of having his licence upgraded would become a reality, he told himself that he had prepared adequately for the practical test which he would take and there was no reason why he should fail it. But great was his shock when he was asked to follow a stern looking policeman who would not listen to any explanation. “No do, no do” that was how Francis Hlorbu found himself in the police cells at about 9:30 am on Wednesday.

Attempts to get him out on bail have as 1.pm on Friday had not yielded any positive result. The police were insisting that the person who did the copy for him be brought to the station before poor Francis would be released. And so on Thursday at about 3 pm, Richard, the guy at the centre of the storm went to the Weija police station and was promptly arrested and put in the police cell.

On hearing the story, the Editor of the Searchlight Newspaper, sent one of his reporters, Emmanuel Obeng to come and hear the police side of it. We went to the Weija Divisional Police Headquarters but when we did not meet the Area Commander, we asked to be taken the next in command and were ushered into the presence of Chief Inspector Twum. After the relevant introduction had been effected, the Chief Inspector Twum told us he could not comment on the case because the Area Commander was the only person who is authorized to make a statement or comment on it In the alternative, he directed us to the office of the Public Relations Officer at the Police Headquarters. We asked to be allowed to speak with Francis Hlorbu, but the request was politely turned down.

Now, the posers for the police Authorities. What is the offence committed here? Is it a crime to use a hard paper to make a photocopy? Was it that the laminated photocopy looked exactly like the original? Since there was no alteration or amendment on the photocopy, does it constitute an offence or a crime?

Why did the police follow the operator of the photocopier to his office to conduct a search? Did the police have a search warrant before conducting the search? And if I may ask, why should they put the operator of the photocopies behind bars? What is his offence? Is he not entitled to make a decent living for himself? When did making a photocopy of an official document with a hard paper become a crime? Could the police authorities educate us, the public on what is Francis Hlorbu’s offence so that we might not engage in any such act if only it can to regard as an offence?

Couldn’t the police authorities have explained the negative impact of Hlorbu’s action to him instead of the punitive act of hounding him into jail? And if the action of the Weija Police Divisional Command is found to have been an infringement of Francis Hlorbu’s rights, what remedies are open to him for redress? At least if he is released today. [Friday] he would have been unlawful custody for more than 48 hours.

I am bringing this case to the public on a matter of principle. Many are those who advised me against meddling in other people’s affairs but I want the public to know that the police are supposed to be our friends. They are not expected to intimidate or treat civilians as second class citizens. We have not been pursuing our legitimate individual rights and that is why the police sometimes act as an occupational force. Because people keep quiet whiles their rights are being infringed upon with impunity, the police have been emboldened in their acts of harassment, intimidation and excessive use of state power.

This is not to say that service is dominated by undisciplined men and women. No, there are very decent, morally upright gentlemen and ladies among the rank and file and the officer cadre of the police service. However, the few overzealous, bad eggs amongst them are those giving the police service a bad name.

But the IGP and the police administration should come out with a categorical statement on the issue. Did Francis Hlorbu commit an offence albeit crime by presenting a hard paper laminated photocopy of his driver’s licence to the DVLA personnel at Weija?

I pause for a prompt response!!

Daniel Danquah Damptey

Danieldanquah_damptey@yahoo.com