The Cocaine Case- Prosecutors Defied C.J's Directive

By Stephen Kwabena Effah December 21, 2011

It has emerged that state prosecutors involved in the mysterious cocaine-turned-baking powder saga defied a directive from the Chief Justice Office to try the case in a High Court, the fact-finding committee probing the incident has heard.

A letter dated August 27, 2008 directed police prosecutors in the case involving Nana Ama Martins who was being held for possessing narcotic drug without lawful authority, to put the case before the Accra Circuit Court One to enable the police finish investigations.

It further asked the police to present the case docket to the Attorney General’s Department after it had finished with its investigations for a high court to be assigned later for the trial.

However, the State Attorney who prosecuted the case, Ms. Stella Arhin, told the committee at its last public hearing yesterday that she continued to try the case at the Circuit Court presided over by Mr. Eric Kyei Baffour because a lot had gone on when she took over the case from the police.

Further, Ms. Arhin who was recalled to be cross-examined on her evidence said she also thought taking the case from the Circuit Court to a High Court would have lengthen the trial, although she prepared the charge sheet in the name of High Court.

She also told the committee that she did not write any advice on the case docket as is the practice when cases are assigned to state attorneys, explaining that upon a study of the docket, she was convinced that they had enough evidence to prosecute so she got in touch with the investigator to get the witnesses ready.

Ms. Arhin admitted that the police cannot prosecute a narcotic case until an advice had come from the A-G Department.

She also told the committee that when the substance was tendered in evidence on September 27, and was opened, she did not smell the peculiar pungent characteristic of cocaine.

In his evidence as the last committee witness to testify, DSP Aidan Dery who handled the prosecution before the A-G took over, confirmed having seen the directive from the Chief Justice’s office.

He said the case was assigned to him in August 2008 and held brief for the A-G until March 2009 when he left the country for a UN mission in Sudan.

According to him, before he left, he handed over all the cases he was conducting including the instance case to another police prosecutor, ASP Mary Agbozo.

“When I returned around March 2010, my commander told me some of the cases I was handling were still pending so I should take over the prosecution of those cases including the Nana Ama Martins case” he said.

Following that directive, he said he went to the Circuit Court where the case was pending to find out the next adjourned date but he said he was told by the court clerk that they were searching for the court docket on the case which could not be traced at the time.

DSP Dery Said he was at the court one day to conduct other cases when the Nana Ama Martins case was called so he announced himself as the prosecutor.

He told the committee that the accused was not in court and upon enquiries, he was told by constable Joseph Owusu who is the investigator that the accused was granted bail by a High Court after which she jumped bail.

“I applied for a bench warrant for the arrest of the accused and it was issued by the current judge, Kyei Baffour,” he told the committee.

At the same time, he said he gave a directive to the investigator to process those who stood surety to be brought to court.

He said that he got to know that Ms Arhin had been assigned to the case on the day that the accused was arrested and put before court and thus linked her to the investigator in the case.

“I must also add that all along when the case was pending, we have done all the necessary things we have to do he said,” he said.

Under cross examination, he said he did not have anything to do with the substance at the time he handled the case, and noted that she did not even see the exhibit before.

Meanwhile, the four-member fact-finding committee ended its sitting yesterday afternoon after a four-day public hearing.

Eleven witnesses testified before the committee which was charged to establish the role played by the trial judge, Mr. Kyei Baffour, and other court officials, including the registrar and court clerk in the matter and other related issues.

Justice Agnes Dordzie, who chaired the committee, thanked all the witnesses for their cooperation and time, noting the committee was going to start evaluating the evidence adduced and prepare its report which would be sent to the Chief Justice.

The committee, which begun sitting on December 15 and was give up to December 22 to finish its work has Justice Abdulla Iddrisu, a High Court Judge, Mr. Nii Boye Quartey, Deputy Director in charge of Human Resource of the Judicial service and John Bannermas, Chief Registrar, as members.

The formation of the committee followed on Accra Circuit Court ruling on December 13 which revealed that a substance which was initially tested as cocaine, later turned into baking soda upon a re-test

The development led to the acquittal and discharged of Nana Ama Martins for possessing the drug without lawful authority.