THE REPUBLIC vs. PRINCE EMMANUEL ARKAIFIE [2010]DLHC7869

Date	2010-01-19
Suit No.	CASE NO.: ST 9/2009
Citation No.	[2010]DLHC7869

HIS LORDSHIP JUSTICE C. J. HONYENUGA J.A. SITTING AS AN ADDITIONAL HIGH COURT JUDGE

[2010]DLHC7869
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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>PRINCE EMMANUEL ARKAIFIE<o:p></o:p>[HIGH
COURT (FAST TRACK), 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">

CASE
NO.:&nbsp; ST 9/2009&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; DATE: 19TH
JANUARY, 2010<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">

HIS
LORDSHIP JUSTICE C. J. HONYENUGA J.A., SITTING AS AN ADDITIONAL HIGH COURT
JUDGE<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;
padding:0cm 0cm 1.0pt 0cm">

</div>The accused person was charged with attempted
exportation of narcotic drugs without a licence issued by the Minister of
Health contrary to sections 1(1) and 56(a) of the Narcotic Drugs (Control,
Enforcement and Sanctions) Law, 1990, PNDCL 236 and Possession of narcotic
drugs without lawful authority contrary to section 2(1) of PNDCL 236 for having
on the 12th day of October 2008 attempted to export a narcotic drug
with net weight of 612.2841 grams and also possessed this narcotic drug with
net weight of 612.2841 grams.<o:p></o:p>The accused person pleaded not guilty to the said
charges.<o:p></o:p>The facts of the case are that the accused is a
Ghanaian resident in Amsterdam with a Dutch Passport.&nbsp; On the 12th day of October 2008,
at about 5.30 pm, he arrived at the Kotoka International Airport to board a
Delta Airline to New York.&nbsp; While going
through departure formalities, he was suspected of carrying narcotic drug in his
stomach due to his strange movement and demeanour.&nbsp; Upon interrogation by officers of the
Narcotic Control Board (NACOB) at the airport, the accused confessed having
swallowed some heroine.&nbsp; He was put under
observation and within 24 hours, he expelled 62 pellets of whitish substances suspected
to be heroine.&nbsp; The accused further
disclosed that the narcotic drug was given to him by one Alhaji, a resident of
Accra New Town to be delivered to an unnamed person in New York.&nbsp; The suspected narcotic drug was sealed and
forwarded for analytical examination.&nbsp;
The substance proved positive for heroine after the examination.&nbsp; Based on these facts, the accused was arraigned
before the Court.<o:p></o:p>To prove their case, the prosecution called four
witnesses.&nbsp; PW1, Timothy Abolimpo who
testified that on the 12th day of October 2008, while he was on duty
at the Kotoka International Airport as a Narcotics Control Officer, the accused
was with other passengers going through departure formalities to board a Delta
Airline to the United States at the Departure Terminal.&nbsp; His suspicion was aroused when the accused
went into one of the toilets and changed his dress.&nbsp; He further testified that he then invited the
accused for a simple drug test but he refused it.&nbsp; According to PW1, the accused rather
confessed to him and Shadrack Bosomtwe (PW2) that he had swallowed some pellets
of cocaine.&nbsp; The accused was later
arrested and handed over to the Police Investigators at the Narcotics Control
Board.&nbsp; <o:p></o:p>PW2, Shadrack Bosomtwe, an official of the Narcotics
Control Board (NACOB) told the Court he was there when PW1, his Commander
called him to urine-test the accused but the accused refused it and rather
confessed to having swallowed pellets of cocaine.&nbsp; According to him, PW1 asked him to arrest the
accused which he did and later handed him over to the Investigators.<o:p></o:p>PW3, Martin Adarkwa Yiadom is a Standard Officer
with the Ghana Standards Board.&nbsp; He told
the Court that, on the 29th October 2008, he received drugs and upon
conducting tests, they tested positive for heroine.&nbsp; He tendered his report as Exhibit “A”.<o:p></o:p>PW4, D/Sgt. Edward Yaw Asante, the Police
Investigator testified that the accused was handed to him by officers of NACOB
for having confessed to them that he swallowed narcotic drugs.&nbsp; PW4 further testified that he put the accused
under observation and within 24 hours, he expelled sixty-two (62) pellets
suspected to be narcotic drugs.&nbsp;
According to PW4, after taking an investigation caution statement from
the accused, he took the 62 pellets to the Ghana Standards Board for analytical
examination and which report indicated that the substance was a heroine
narcotic drug.&nbsp; He said the accused was
then charged with the offence.&nbsp; PW4
tendered Exhibit B, the caution statement, Exhibit C, the charged statement,
Exhibit D, the Timing Sheet, and Exhibit E, the Heroine Drug.<o:p></o:p>The accused in his defence stated that he was
arrested at the Kotoka International Airport on the 12th October
2008 and that he lives both in Hollant and in Ghana.&nbsp; The accused also stated that he is a Spare
Parts dealer at Dansoman Junction in Accra.&nbsp;
He testified that his car was broken into when he went to shop and his
money and mobile phones were stolen.&nbsp; He
said the business he came to do delayed and his return ticket which was for a
week had expired and needed more money to assist him get his return
ticket.&nbsp; He further said he told his
friend Padmore about his plight and he took him to another friend who agreed to
lend him money provided he left his Passport and ID Cards with him.&nbsp; According to him, he had Five Hundred Dollars
($500.00) instead of $270 he wanted for his return ticket.&nbsp; He said the Passport was not returned to
him.&nbsp; He further testified that someone
called him to come along with his suitcase so that he could get his Passport
and travel.&nbsp; He said he went to the direction
given him with Ransford to Accra Newtown where they met an Alhaji in his
house.&nbsp; He stated that a man told him he
would give him a parcel to be delivered and thereafter he was given a drink and
something was given to him to carry with him but he actually did not know what
it was.&nbsp; He said he felt dizzy and did
not know what happened until he woke up the next day.&nbsp; According to him he woke up and all of them
travelled in three cars to the Airport and placed under heavy security at the
Airport.&nbsp; He said he went to the toilet
to change his cloths and told the NACOB officials that he was feeling something
terrible in his stomach and he was given a liquid substance to drink and he
expelled something they called Cocaine.&nbsp;
The accused did not call a witness in his defence.<o:p></o:p>Now, it is a fundamental principle of our Criminal
jurisprudence that it is the duty of the prosecution to prove its case beyond
all reasonable doubts.&nbsp; This principle is
provided for in sections 11(2) and 13(1) of the Evidence Decree 1975, NRCD 323
as follows:-<o:p></o:p>