GRi in Court News Ghana 05 - 04 - 2001

Bebli's statements taken without independent witness - Counsel

Accra (Greater Accra) 05 April 2001

Mr Chris Ackummey, Counsel for Regimental Sergeant Major (RSM) Jack Bebli, on Wednesday told an Accra High Court that the police took statements from his client in the absence of an independent witness.

Mr Ackummey said after his arrest, RSM Bebli insisted that he would only give statements in the presence of both his lawyer and the Commanding Officer of his unit.

Counsel made these assertions when he cross-examined Detective Inspector Hanson Gove, the investigator, during the mini-trial in the Highway Gold Robbery Case.

The investigator had said he obtained the statements in the presence of a witness.

In his evidence-in chief at the main trial, Detective Inspector Gove told the court that on May 24, 1999, he took an Investigation Caution Statement (ICS) from RSM Bebli at the Bureau of National Investigations (BNI) in the presence of one Ellis Amedzro, an independent witness.

Witness disagreed with a suggestion by counsel that RSM Bebli was carried into the investigation room, saying he walked there himself.

D/Insp Gove told the court that on the same day, he took an ICS from the accused person.

In response to a suggestion by counsel that RSM Bebli did not volunteer to make any further statement, witness said he offered to make it and did so voluntarily.

Witness said five days later, he took a Charge Caution Statement (CCS) from RSM Bebli, who was then on bail, at his residence at New Achimota in the presence of one Kwamena Essel.

The investigator had disagreed with a suggestion by Mr E. E. Annan, counsel for Isaac Frimpong, alias Nii Baby Tei, that the night before his interrogation, BNI operatives tortured his client.

D/Insp Gove told the court that it was not correct that Frimpong was handcuffed during his interrogation.

On Wednesday, March 28, the two counsel raised objections that statements were extracted from their clients against their will and in the absence of independent witnesses.

Mr Justice Richard Apaloo, the trial judge, upheld the objections and ruled that a trial-within-trial or a mini-trial be instituted.

It is to test the statements in question to ensure whether they ought to be admitted in evidence or not.

The two accused persons and five others are being tried for their alleged involvement in the Highway Robbery of eight boxes of unrefined gold valued at 2.4 billion cedis in 1999.

They are Philip Asamoah, alias Agingo; Patrick Boakye Mprah; James Doli; Augustus Oko Odartey, and Kofi Bokor, alias Kofi Bebli.

On February 16, 1999, the accused persons allegedly laid ambush at Gomoa Abotsia, near Apam Junction, and attacked a gold bullion transporting the gold from Amansie in the Ashanti Region to Accra.

They have all pleaded not guilty to various charges ranging from conspiracy to commit crime, abetment of crime, and robbery to abetment of robbery.

Mprah, Doli and RSM Bebli are on bail while the rest are being remanded in prison custody. The case has been adjourned to Thursday, April 12.

GRi…/

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