[2014]DLHC4199 • July 31, 2014 • High Court
THE REPUBLIC vs. GABRIEL DIMADO AND 10 OTHERS
Ghana Cocoa Board contracted undercover journalist Anas Aremeyaw Anas and his team (Tiger Eye) to investigate cocoa smuggling across Ghana's western borders with Cote d'Ivoire. Between January and March 2010, the team conducted covert operations at various border posts where the accused persons, serving as Customs, Police, and Immigration officers, allegedly accepted bribes and facilitated unlawful exportation of cocoa. The prosecution presented video evidence of the accused persons accepting money to allow smuggling activities.
read moreFourteen (14) persons were initially charged and arraigned before this court for various offences. At the close of the case for the Prosecution and pursuant to a Ruling delivered on 18/02/2013, 3 Accused persons, namely: A7 – RocksonApeadu; A9 – L/Cpl Isaac KwakuAsareDarko and A14 – Kofi Aboagyewere acquitted and discharged for lack of evidence. The court held that the Prosecution has been unable to establish a prima facie case against them. Consequently, the other 11 Accused persons were called upon to enter into their defence. It is of great relief that the marathon trial has come to an end and I now set out to deliver my judgment The other Accused persons herein standing trial have pleaded not guilty to8 counts of Abetment of crime ie Unlawful exportation of cocoa contrary to Ss 20(1) and 317(1)(g) of the Criminal Offences Act, 1960 (Act 29) and 5 counts of Corruption by public officer contrary to S 239(1) of Act 29. S.20(1) of Act 29 enacts: “A person who, directly...