[2007]DLSC2442February 7, 2007Supreme Court

JOHN DAVID LOGAN FRANK DAVID LAVERICK vs. THE REPUBLIC CRIMINAL

The appellants, British nationals, were charged with conspiracy and possession of narcotic drugs (cocaine) alongside four others. The prosecution alleged a conspiracy spanning Spain, UK, and Ghana involving possession of 588.33 kg of cocaine found concealed in a secret compartment in the first accused's house in Tema. The appellants were found in the house during a police raid but no direct evidence linked them to the drugs. The prosecution relied on circumstantial evidence including travel patterns and presence at the house. The appellants claimed they were in Ghana for legitimate business related to an oil tanker and had no knowledge of the drugs.

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ANINAKWAH, J.S.C. The Appellants are both British subjects. On the 28th day of January, 2004, they were charged jointly with four (4) others on two Counts:- 1. Engaging in Criminal conspiracy to commit an offence relating to Narcotic Drug contrary to Section 56(c.) of the Narcotic Drugs (Control, Enforcement and Sanctions) Law, P.N.D.C.L 236. Particulars of the offence given as follows:- “Kevin Dinsdale Gorman, Mohammed Kamil, John David Logan, Frank David Laverick, Allan William Hodgson and Sven Leonhard Herb between September 2003 and 7th January 2004 in Spain, United Kingdom and Tema Ghana engaged in Criminal conspiracy to commit an offence relating to narcotic drug”. 2. Possession of Narcotic Drugs without Lawful Authority contrary to Section 2 of the Narcotic Drugs (Control, Enforcement and Sanctions) Law, 1990, P.N.D.C.L. 236. The particulars of this offence are given thus: “ Kevin Dinsdale Gorman, Mohammed Ibrahim Kamil, John David Logan, Frank David Laverick, Alla...