THE REPUBLIC vs. SAMUEL AGOE MILLS ROBERTSON, DERICK ARMAH KWANTRENG, DAVID AGYEMFRAH ALIAS CHUKU OWURA, CHARLES CHARTEY, MIKE EBE ALIAS OSU (AT LARGE) AND JAVI (AT LARGE) [2009]DLHC7818

THE REPUBLIC vs. SAMUEL AGOE MILLS ROBERTSON, DERICK ARMAH KWANTRENG, DAVID AGYE... [2009]DLHC7818

Date	2009-06-12
Suit No.	SUIT NO.: ST41/2009
Citation No.	[2009]DLHC7818

JUSTICE C. J. HONYENUGA J.A. SITTING AS AN ADDITIONAL JUSTICE OF THE HIGH COURT

[2009]DLHC7818
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0">vs.<o:p></o:p>SAMUEL AGOE MILLS ROBERTSON, DERICK ARMAH
KWANTRENG, DAVID AGYEMFRAH&nbsp; ALIAS CHUKU
OWURA, CHARLES CHARTEY, MIKE EBE&nbsp; ALIAS
OSU (AT LARGE) AND JAVI (AT LARGE)<o:p></o:p>[HIGH
COURT (FAST TRACK DIVISION), ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT
NO.:&nbsp; ST41/2009&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 12TH
JUNE, 2009<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

JUSTICE
C. J. HONYENUGA J.A. SITTING AS AN ADDITIONAL JUSTICE OF THE HIGH COURT<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>The 1st, 2nd, 3rd
and 4th accused persons were charged with conspiracy to commit crime
to wit possession of narcotic drug contrary to section 23 (1) of Act 29/60 and
also section 2 (1) of PNDCL 236 and also possession of Narcotic drug without
lawful authority contrary to section 2 (1) of PNDCL 236 for having on the 29th
day of June 2008 acted together and possessed 380 slabs of substances suspected
to be cocaine, a narcotic drug.&nbsp; The
offence was alleged to have been committed at Atabadze Junction in Cape Coast.&nbsp; The 5th and 6th accused
persons are at large.&nbsp; The accused
persons pleaded not guilty to the charges and the facts were duly presented by
the prosecution.<o:p></o:p>The hearing of the case has not commenced because
the 2nd accused had to undergo surgery with respect to his spine at
the Korle Bu Teaching Hospital.&nbsp; In this
respect, the court granted an application on the 19th December 2008
for the Surgery to be performed.&nbsp; The
surgery was successfully performed and the 2nd accused was expected
to have been discharged.<o:p></o:p>The 2nd accused/applicant has filed an
application for bail pending trial.&nbsp;
Although this application was not opposed by Mrs. Valerie Edusei, Chief
State Attorney, the Court asked Counsel for the 2nd accused Mr.
Solomon Quandzie to move the application.&nbsp;
I shall hereinafter refer to the applicant as the 2nd
accused.<o:p></o:p>Upon hearing arguments put forth in support of the
application, it is incumbent upon the court to consider the various submissions
and come to a reasoned conclusion.<o:p></o:p>Now, section 96 (7) of the Criminal Procedure Code,
1960 (Act 30) as (Amendment) Decree, 1975 (NCRD 309) as further amended by the
Criminal Procedure Code (Amendment) Act, 2006, Act 714 and the Supreme Court
established some factors which should be considered in an application for bail
in Narcotic case.&nbsp; These factors included
the nature of the offence, the severity of the punishment if the accused were
convicted, the likelihood of the accused fleeing the jurisdiction, public
interest considerations focused on the problems of society relating to drug
addiction and the need to abide by treaty obligations of Ghana in the
enforcement of anti-narcotics.<o:p></o:p>It is noteworthy that in the affidavit in support,
the applicant recognized the fact that bail could not be granted in Narcotic
cases.&nbsp; In paragraph 24 of the affidavit
in support, Counsel for the applicant who swore to the affidavit in support on
behalf of the applicant stated as follows:-<o:p></o:p>“24.&nbsp;&nbsp;&nbsp;&nbsp; That even though the offence under which
the Applicant has been charged is one that falls under the category of offences
under the Criminal Procedure Code as amended in which bail may not be granted,
the medical condition of the accused is such that this Honourable court must
exercise its discretion to grant bail to him upon reasonable conditions”.<o:p></o:p>Having made the position with regard to the law
that bail could not be granted in Narcotic cases, can the court exercise its
discretion and grant bail because of the applicant’s medical condition?&nbsp; Before I answer this question that I have
posed, I shall have recourse to the Medical Report on the 2nd
accused, which was tendered as Exhibit CE2 on the 23rd day of March
2009 by Dr. M. I. IDDRISU, a Consultant Neuro Surgeon at the Korle Bu Teaching
Hospital.&nbsp; Incidentally, this report was
exhibited to the application as Exhibit 4.&nbsp;
This exhibit is the medical report on the 2nd accused after
his surgery.&nbsp; Dr. Iddrisu testified on
the 23rd March 2009 accordingly.&nbsp;
To assist me in the discharge of my duty I shall have a recourse to some
pages of the Exhibit.&nbsp; On pages 2 and 3,
the Doctor stated as follows:-<o:p></o:p><o:p>&nbsp;</o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; “Avoidance<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Avoid
excessive lower back flexion and extension for 6 months.<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; No
lifting of heavy objects with weights above 25 pounds for the next 6 months.<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Need
to cover with Antibiotics for any invasive procedure to avoid implant
infection.<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Recommendations<o:p></o:p>