Coke-turned-baking powder- PROBE BEGINS

By Stephen Kwabena Effah
December 16, 2011

Vice President John Mahama has directed the Police Service to suspend its investigations into the cocaine-turned-baking powder saga.

He gave the directive after a meeting with the Chief Justice, Theodora Wood, the National Security Coordinator, Larry Gbevlo-Lartey, and the Chief of Staff, Henry Martey-Newman.

The Vice-President also charged the Bureau of National Investigation to institute criminal investigations into the case, whilst the Chief Justice conducts a fact-finding probe. The two investigations are supposed to run concurrently.

They have up to December 22, to present their reports.

Meanwhile, the four-member panel set up by the Chief Justice has begun work.

Three police officers have so far testified before the panel, insisting that the substance tendered in evidence in court was tested to be cocaine.

All the three officers gave evidence to the effect that the substance tendered in evidence by the police on September 27, 2011 was indeed cocaine as the seal of the police forensic laboratory embossed on the envelope remained intact when it was being tendered.

The three officers were Detective Cpl. Thomas Ayekese, Detective Constable Joseph Owusu, and the Head of the Police Narcotic Unit, Kofi Adjei-Tuadzrah.

The four-member committee, formed by the Chief Justice, Mrs Justice Georgina Theodora Wood, followed an Accra Circuit Court ruling on Tuesday which revealed that the substance valued at 44,000 dollars which was initially tested positive for cocaine, later turned into baking soda upon a re-test.

The development led to the discharge of Nana Ama Martins who was being tried for possessing the drug without lawful authority on Tuesday.

The committee, chaired by a Court of Appeal judge, Justice Agnes Dordzie , 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 Bannerman, Chief Registrar, as members.

The committee is charged to establish the role played by the trial judge, Mr. Eric Kyei Barffour and other court officials including the registrar and the court clerk in the matter and other related matters.

In his evidence, Constable Owusu who took over investigations of the case in 2009 said he first came in contact with the exhibit on September 16, 2011 when it was given to him and two other armed officers by his commander to take to the Accra Circuit Court which was then trying the woman whose custody the substance was retrieved.

According to him, the substance was until it was tendered in evidence on September 28, 2011, being kept in a safe at the office of the Head of the Police Narcotic Unit and not the Police exhibit room.

He told the committee that he could not tell why the substance was kept in his commander’s office instead of the exhibit room, noting that three different commanders handled the substance during the three-year period that it was them.

He gave their names as DSP Thomas Cobbah, Chief Supt. Osarfo Agyemang and DSP Adjei-Tuadzrah.

According to constable Owusu, on September 6, 2011, they were unable to tender the substance so it was returned intact to the commander and on September 13, 2011, it was given to him and other armed officers to take to the court but were again not able to tender the substance as evidence.

Constable Owusu said on September 27, 2011 the substance was again taken to the court, adding that although the substance was tendered in evidence by the Cpl. Ayekese, he was not present in the courtroom in view of the fact that he was also to testify as a prosecution witness in that case.

He told the committee that on September 28, 2011, after the substance had been tendered in evidence, the defence team raised objection to the exhibit and prayed the court for a re-test since they argued it was not cocaine.

According to him, after the trial judge had upheld the request of the defence team, he was ordered by the court to accompany the Registrar of the Court to take a sample of the substance to the Ghana Standards Board.

Under cross-examination by counsel for the circuit court trial judge, Mr. Robert Kinsley Yeboah, he told the committee that the sample which was taken to the Ghana Standards Board (GSB) was taken at the time that the judge had retired to his chambers after work, adding “we didn’t go (to the GSB) the same day we took the sample.

Further, he said the Registrar after taking the sample told him they could not go to the GSB that day so he left the court premise as the Registrar took custody of the substance and the sample taken.

According to constable Owusu, he returned to the court premise on September 29, 2011 to meet the Registrar who went to the GSB with him together with one lady who drove them to the office of the GSP.

However, he said although he appended his signature to the envelope in which the Registrar placed the sample for the re-test, he could not tell whether it was the same taken in his presence by the Registrar the previous day.

Being cross-examined by the Registrar, Seidu Yussif, who is the Deputy Registrar at the Cocoa Affairs Court, constable Owusu admitted that though at the GSB, a prelimary test was conducted but a report was not issued to them.

When he took his turn, DSP Adjei-Tuadzrah confirmed that the substance was kept in a safe in his office and noted that the substance was kept with other cocaine exhibits in the safe in view of the value of the substance.

He explained that until a month ago, cocaine exhibits were kept in the safe in his office, and pointed out that though there was an exhibit room that was used for only Indian hemp exhibits which was in their custody.

He said the idea of keeping the substance and others in the safe was to “safeguard them”.

Being cross-examined by Mr.Yeboah, Mr. Adjei-Tuadzrah said per the police forensic lab report, he was satisfied that the substance was cocaine and that he did not open the substance to check its content because he was not authorized to do so.

Cpl. Ayekase who sent a sample of the substance to the police forensic laboratory for the first test told the committee that the substance was sealed in the presence of the accused persons, himself and the officers who arrested her, noting they all appended their signature on the envelope.

He said on August 29, 2008 when he sent the sample to the police laboratory, the envelope was opened a sample taken after which it was re-sealed for him to sign and handed over to the his Unit Commander for safekeeping.

He said in 2009, he was transferred from the Police Narcotic Unit to the Pokuase Police Station when he ceased to be the investigator in the case.

According to him, when he tendered in the substance as evidence and the police forensic report on the substance on September 27, 2011, there was no objection raised by the defence team though it was showed to them.

Before it was opened in court, he said the envelope was embossed with the security seal and after it had been shown to the parties in the court, it was handed over to the court and the case was adjourned to September 28, for him to be cross-examined.

Under cross-examination, he told the committee that he could not tell whether the substance tendered in evidence on September 27 was the same substance that was brought to court for a sample to be taken for the re-test by the GSB since it was left overnight it the court custody without any seal.

Hearing continues this morning and the State Attorney, Stella Arhin, who prosecuted the case is expected to take her turn to give evidence.