By Stephen K. Effah
Wednesday, 06 August 2008
Thomas Osei, the man who drove his Mercedes Benz car into the President’s car last year, was yesterday handed a nine-month jail term and a fine of GHc28,200 after almost nine months of trial.
The 51-year-old road contractor was found guilty on four counts of various driving offences.
However, he was acquitted and discharged on the charges of driving under the influence of alcohol and the use of narcotic drugs without lawful authority.
He had pleaded not guilty to dangerous driving, two counts of negligently causing harm, driving under the influence of alcohol, failing to give way to a siren and use of narcotic drugs without authority.
Osei, who has been in police custody since November 14, 2007, is expected to spend only nine days in prison because the court says his sentence takes retrospective effect.
Sentencing him, the Fast Track High Court, presided over by Justice Emmanuel Ayebi, ordered him to formally apologise to the President and the people of Ghana for his conduct.
It also directed the appropriate authorities to revoke his driving licence — which is in the custody of the Nima Police Station, in Accra — for three years, during which period he is not permitted to drive any motor vehicle.
The court further directed the police to give back Osei’s two passports to him and another service passport to the Ghana Immigration Service.
The Motor Transport and Traffic Unit of the Police was also asked to intensify and sustain education on the appropriate use and importance of sirens in the country.Justice Ayebi said that motorists should know that not only sirens of the presidential convoy must be obeyed but also those permitted under the law, and warned against the use of unauthorised sirens.
In discharging and acquitting Osei on the charge of use of narcotic drugs, the trial judge said the prosecution failed to lead evidence that Osei was a drug user, and disbelieved the evidence that he confided in a police officer that he used cocaine.
On the charge of driving under the influence of alcohol, the court said the prosecution’s claim that Osei had an alcohol level of 0.41 per cent upon testing was "inaccurate and inefficient" as due process was not followed in testing his alcohol level.
The court explained that it was wrong on the part of the police officer to have conducted the test.
A breath test should be done at the hospital and should be done or authorised by the medical doctor under whose care the patient, is.
The court said the police officer who conducted the test with an alcohol sensor did not take into account time element which was crucial in the test, adding that it is "reasonably probable" that the test was not carried out within two hours on the onset of the accident as claimed by the prosecution.
It said the test result of 0.41 per cent "is not reasonably probable", indicating that even if it were to be 0.03 he would have been in a state of unconsciousness.
On the driving offences, Justice Ayebi said that since Osei was in a hurry to drop off a family friend who was in his car at the time of the accident, it could be inferred that he oversped and ignored traffic regulations.
The court pointed out that if Osei was indeed driving at 50 kilometres per hour at the time of the accident, he would have been able to stop within 12 metres and would not have crashed into the President’s car in view of the perfect condition of his car and the clear weather.
He said it was because Osei was speeding that on impact, the President’s car summersaulted twice before falling on its left side.
Justice Ayebi rejected Osei’s evidence that he heard a faint siren before crashing into the President’s car, saying "the accused disabled himself from not hearing the siren by rolling up his window glasses."
He said the prosecution was able to prove that Osei failed to take a proper look-out at the intersection, thus driving into the President’s car, adding "he didn’t only fail to take proper look-out but was speeding."
On the charges of negligently causing harm, the court held that the harm occurred as a result of the dangerous driving which caused the accident.
Before the judge pronounced sentence, Counsel for Osei, Kwame Boafo Akuffo, pleaded with the court to mitigate the sentence since his client has shown remorse and apologised to the President.
He said Osei has been helpful to society in various ways and should be given the opportunity to continue, adding, "he is even a sub-contractor on the Yamoransah –Cape Coast road which is under construction."
But the Principal State Attorney, Edward Duodu Agyemang, urged the court to give the maximum sentences under the various laws, to serve as a deterrent to other motorists, noting there is a lot of indiscipline on the roads which results in accidents
"Ghanaian drivers are making history. This is a classic case for which the maximum sentence should be given to him."
Osei rammed his car into the President’s car on November 14,2007 at the intersection near the Opeibea House in the Accra Airport area, forcing the President’s car to overturn.
The President escaped unhurt but his driver and another man sustained minor injuries for which they were treated at the 37 Military Hospital.
Osei was first arraigned at the Motor Court in Accra on November 16 for dangerous driving, negligently causing harm, driving under the influence of alcohol and failing to give way to the presidential convoy.
His plea was not taken and he was remanded in police custody. He was discharged by the court on December 20, after the prosecution filed a nolle prosequi (unwilling to prosecute) but he was re-arrested immediately he stepped out of the court and put before the Fast Track High Court
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