6 November 2009
THE Attorney General's (AG) office in Sekondi, and the Kwesimintsim Police Command of the Ghana Police Service (GPS) are engaged in brawl over the decision by the former to take a unilateral decision to withdraw criminal charges leveled against five workers of the Cocoa Marketing Company (CMC), accused in a 'flying waybill deal'. A flying waybill simply means, presenting a receipt to mean that something has been received, whilst it is rather the opposite.
The accused persons - Joseph Egyin, Stephen Eshun, John Aduhene, Sylvester Jantuah and Monica Afari - were arraigned before the Takoradi Circuit Court (B) for the offence of diversion of 600 bags of cocoa beans valued at GH¢4,500. A certain Muller is currently at large.
The five, on the first day they were arraigned before the court, presided over by Justice Akwasi Boakye, were remanded into prison custody, on grounds that the charges leveled against them were a second degree felonies.
On the second day, the accused persons appeared before the same court and were granted bail in the sum of GH¢2,000 by the presiding judge, with two sureties to be justified.
The A-G has surprisingly withdrawn the charges of conspiracy to steal and attempt to steal leveled against the five workers of the CMC.
The move by the AG to withdraw the criminal charges leveled against the five accused persons, has infuriated the police, who are questioning the motive behind the withdrawal of the charges.
Information gathered by this reporter indicates that the A-G's office in Sekondi, out of the blue, instructed the prosecutor handling the case, to announce to the court about the withdrawal of the criminal charges leveled against the five accused persons, without reason.
The prosecutor, Mr. Kumah Mensah, complied with the order, by telling the court during one of its sittings, "My Lord, I wish to withdraw the charges against the accused persons on the advice of the Law Office in Sekondi." The Presiding Judge accordingly struck out the case.
The Prosecutor confirmed it in a chat with this reporter, but could not tell this reporter the reason behind the withdrawal of the case by the A-G.
The Registrar of the Circuit Court could also not tell this reporter whether the case had been withdrawn from his court.
The A-G's office confirmed the withdrawal of the case when this reporter contacted them, and explained that the case lacked evidence, and that the police should not have gone ahead to prosecute the accused.
According to the A-G, the police did shoddy investigations into the the diversion of the 600 bags of cocoa, and that the evidence against the accused persons, were unmeritorious and vexatious.
A source at the A-G's office, who did not want to be named, further argued that since the said bags of cocoa were later found, the police should not have charged the accused persons with the offence of conspiracy to steal and attempt to steal.
To the A-G's office, the best charge was negligence of duty.
According to the A-G, the police should have referred the docket of the case to them for advice before proceeding to prosecute the suspects. Asked how the A-G eventually got to know of the prosecution of the case at the court, the department replied that it was when the husband of one of the accused persons, Monica Afari, petitioned them that they (A-G) called for the docket of the case, and subsequently advised for the withdrawal of the charges against the accused.
On the other hand, the police, who are suspecting foul play, argued that the best thing the A-G could have done, if the police faltered in their investigations, was for the A-G to call for a stay of prosecution, and give directions to the police on the next line of action.
Meanwhile, reliable information reaching this paper, indicates that the management of CMC, who are also furious as the police over the withdrawal of the criminal charges against the accused persons by the A-G, have applied for the true copies of proceedings from the Takoradi Circuit Court for study, for the necessary action against the accused persons in the near future.
In a related development, just last weekend, three other persons who attempted to steal 25 bags of cocoa from the same Cocoa Marketing Company warehouse at Apowa near Takoradi, were busted by the police.
Two of the suspects are now at large, after they managed to scale the wall, and took to their heels. Investigations are still underway.
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