THE REPUBLIC vs. DERRICK ARMAH KWANTRENG, DAVID AGYEMFRA @ CHUKU OWURA, CHARLES LARTEY, MIKE EBEN (AT LARGE) AND JAVI (AT LARGE) [2011]DLHC7954

THE REPUBLIC vs. DERRICK ARMAH KWANTRENG, DAVID AGYEMFRA @ CHUKU OWURA, CHARLES... [2011]DLHC7954

Date	2011-07-25
Suit No.	SUIT NO. 41/2009
Citation No.	[2011]DLHC7954

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

[2011]DLHC7954
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>DERRICK ARMAH KWANTRENG, DAVID AGYEMFRA @ CHUKU OWURA, CHARLES
LARTEY, MIKE EBEN (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. 41/2009&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: 25TH JULY, 2011<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 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;
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<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">RULING<o:p></o:p>

</div>The 1st and 2nd accused
persons together with the 4th and 5th accused who are at
large were charged with conspiracy to possess narcotic drugs contrary to
sections 23(1) of Act 29 and section 2(1) of PNDCL 236 for having agreed to act
with a common purpose to possess narcotic drugs.&nbsp; The 1st and 2nd accused
persons together with the said accused persons who are at large were also
charged with possession of narcotic drugs contrary to section 2(1) of the
Narcotic Drug (Control Enforcement and Sanctions) Law, 1990 PNDCL 236 for
having on the 29th day of June 2008 at Ataabadze Junction in Cape
Coast possessed 380 slabs of cocaine drug without lawful authority.&nbsp; The 3rd accused was charged with
attempt to corrupt a public officer contrary to sections 18(2) and 239(2) of
the Criminal Offences Act, 1960, Act 29 for having on the 29th June
2008 in Cape Coast attempted to corrupt Police Officers with $6,000.00 and CFA
220,000.00.&nbsp; The 1st, 2nd
and 3rd accused pleaded not guilty to the charges.<o:p></o:p>The facts of the case as presented by the
prosecution were that Samuel Agoe Mills Robertson who was the original 1st
accused later on during the proceedings changed his plea from not guilty to
guilty and was convicted and sentenced to 15 years H/L.&nbsp; He together with the now 1st, 2nd,
and 3rd accused are Ghanaians.&nbsp;
The 5th accused is a South American of Columbian
Nationality.&nbsp; On the 28th June
2008, the 1st accused (Derrick Armah Kwantreng) sought the
assistance of the convict, Samuel Agoe Mills Robertson to carry cocaine from
Asankragua in the Western Region to Accra for a fee of US$40,000.00 and he
agreed.&nbsp; As a result, the convict
recruited the 2nd accused David Agyemfra alias Chuku Owura and the 4th
accused who is at large as escorts for the drug haul expedition.&nbsp; On the same date, the convict used his
private car Toyota Saloon car with registration number GW 31 Z and conveyed the
4th accused to Asankragua where they met the 1st accused
at the Melody Hotel.&nbsp; The 1st
accused then handed over his private Toyota Forerunner with registered number
GR 1204 Y loaded with 19 travelling bags each containing 20 slabs totaling 380
slabs suspected to be cocaine to the convict, the 2nd and 4th
accused.&nbsp; The convict took over control
of the Toyota Forerunner and drove the consignment to Takoradi with the 2nd
and 4th accused on board.&nbsp; They
stayed overnight in Takoradi and the next morning that is the 29th
June 2008.&nbsp; On the said 28th
June 2008, at about 8 O’clock that morning, the convict, 2nd and 4th
accused were intercepted at the Ataabadze Junction on the Cape Coast highway by
Police Officers of the Regional MTTU, Cape Coast.&nbsp; The convict was arrested while the 2nd
and 4th accused managed to run into the bush.&nbsp; A search conducted on the vehicle revealed
that 19 traveling bags each containing 20 slabs all totaling 380 slabs of
whitish substance suspected to be cocaine were found on board.&nbsp; The convict was escorted to the Central
Regional Police Command for interrogation.&nbsp;
During interrogation, the convict offered US$6,000.00 so as to regain
his freedom.&nbsp; He then called the 3rd
accused in Accra to bring down the amount for the deal.&nbsp; When the 3rd accused got to the
Police Command, he was arrested and a search conducted on him revealed 60
pieces of one hundred Dollar Notes and CFA 220,000.00 on him.&nbsp; Later, the 1st and 2nd
accused persons were spotted in the convict’s saloon car GW 31 Z near the
premises of the Police Station and they were arrested on suspicion of dealing
in narcotics.&nbsp; During investigations, the
convict identified the 1st accused as the owner of the goods.&nbsp; Meanwhile, the 380 slabs of the suspected
cocaine were examined by the Ghana Standards Boards and they tested positive
for cocaine.&nbsp; The approximate weight of
the cocaine is 4/6.2236 kilograms.&nbsp; <o:p></o:p>The prosecution called nine witnesses and tendered
Exhibits “A” to “V”.&nbsp; At the close of the
case for the prosecution, defence counsel for the 1st and 3rd
accused persons applied to submit no case to answer.&nbsp; Section 173 of the Criminal and Other
Offences (Procedure) Act, 1960, (Act 30) deals with submission of no case.&nbsp; It provides:<o:p></o:p>“If at the close of the evidence in support of the
charge, it appears to the court that a case is not made out against the accused
sufficiently to require him to make a defence, the court shall, as to that
particular charge acquit him”.<o:p></o:p>Section 174 also provide:-<o:p></o:p>“At the close of the evidence in support of the
charge, if it appears to the court that a case is made out against the accused
sufficiently to require him to make a defence, the court shall call upon him to
enter his defence and shall remind him of the charge and inform him that, if he
so desires he may give evidence himself on oath or make a statement”.<o:p></o:p>The provision in section173 meant that at the
close of the case of the prosecution, the court has a discretion to decide
whether a case was made against the accused on the offence for which he is
being tried.&nbsp; If the trial court decides
that no case was made against the accused, he is entitled to an acquittal on
the charge(s) leveled against him.&nbsp;
However, section 174 required that if the court decides that a case is
made against the accused, he shall be called upon to open his defence.&nbsp; The court shall then remind the accused of
the charge(s) against him and direct him if he so desires to either give
evidence on oath or make a statement.&nbsp; In
my opinion, this situation of reminding the accused about the charges he faced
and either give evidence on oath or make a statement would be occasioned when
the accused is unrepresented.<o:p></o:p>For a submission of no case to answe</main>