Gold robbery case to go into mini-trial
Court orders payment of severance awards to ex-SCC employees
Public angry with Mampong Police
Accra (Greater Accra 22 March 2001
The Highway Gold Robbery trial will move into a mini trial following an objection raised by counsel for one of the accused persons against the tendering of his confession statement.
In his submission, Mr E. E. Annan, counsel for Isaac Frimpong, alias Nii Baby Tei, said the investigator, Detective Inspector Hanson Gove took the statement without reference to Section 120 of the Evidence Decree.
The decree requires that an accused person give such a statement voluntarily, and in the presence of an independent witness.
He, therefore, prayed the court not to admit the statement.
Replying, Mr Anthony Gyambiby, Principal State Attorney, said the only way the matter could be resolved was through a mini-trial.
The court, presided over by Mr Justice Richard Apaloo, is trying seven people, including Regimental Sergeant Major (RSM) Jack Bebli.
The gold robbery case falls directly under "Criminal Assizes", which is a type of trial where the judge is assisted by jurors.
During investigations in such cases, the investigator is expected to take confession statements from accused persons voluntarily and in the presence of independent witnesses.
At such trials, therefore, counsel can raise an objection when he notices that his client's statement being tendered in evidence was not taken from him voluntarily.
When this happens, it is the duty of the trial judge to conduct a mini-trial.
Since this is purely a matter of law, the trial is conducted without the jurors participating to enable the court to come out with the true picture as to whether statements were taken from the accused persons voluntarily or under duress and in the presence of, or without, independent witnesses.
At the end of the day, the trial court helps to clear any doubts in the minds of both the accused persons and the prosecution.
RSM Bebli, Philip Asamoah, alias Agingo, Frimpong, Patrick Boakye Mprah, James Doli, Augustus Oko Odartey and Kofi Bokor, alias Kofi Bebli, are being held for their alleged involvement in the gold robbery at Gomoa Abotsia, near Apam Junction on February 16, 1999.
They allegedly laid ambush, attacked a bullion van and made away with gold worth 2.4 billion cedis.
Their charges range from conspiracy to commit crime, abetment of crime to robbery and abetment of robbery.
They have all pleaded not guilty.
RSM Bebli, Mprah and Doli are on bail while the rest are being held at the James Fort Prisons on remand.
GRi../
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Tema (Greater Accra) 22 March 2001
A Tema High Court on Tuesday ordered the payment of severance awards to 980 former employees of the State Construction Corporation (SCC), who were laid off following the closure of the company in 1998.
The courts ruling follows a submission by Mr Mames Abiaduka, counsel for the Divestiture Implementation Committee (DIC) that the directors have agreed in principle that this is a case where the DIC has no defence.
The former SCC workers, who were represented by Mr Justice E. K. Jones-Mensah, initiated the court case against the DIC and the Attorney-General for breach of contract for failing to pay them severance awards as stipulated in their Collective Bargaining Agreement (CBA).
Under the CBA, each employee of the defunct SIC was entitled to two months gross salary for each completed year as severance award.
The DIC, however, imposed a flat rate of 18 months pay on each employee irrespective of the length of service.
The workers said in their statement of claim that this unlawful imposition deprived them of if their rightful entitlements hence the court action to seek redress.
The court also awarded a cost of five million cedis against the DIC.
GRi../
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Mampong (Ashanti Region) 22 March 2001
The Asante-Mampong Police has come under serious public criticism following the death of a 25-year-old driver, Kwadwo Sekyere last Wednesday whilst in police custody.
Sekyere was reported to have assaulted his mother, Yaa Rahimatu, 65-year-old trader, for being the cause of his (Sekyere) predicament and was handed over to the Police by family members.
Close relatives of the deceased, however, deplored the alleged Police assault, which culminated in the death of Sekyere at the Mampong District Hospital.
Police Chief Inspector Peter Sakyi expressed shock about the accusation by the family of the deceased and the public in an interview with the GNA.
He said the deceased after he was over-powered by a mob and sent to the Police station became uncontrollable and struggled with the Police.
Chief Inspector Sakyi said Sekyere in a fit of anger he bit right breast of a Policeman and hit another in the leg with a truncheon.
The Police managed to handcuff Sekyere in the Police courtyard and he calmed down.
The Chief Inspector said the Policeman on duty became alarmed at the excessive quietness of Sekyere and rushed him to the hospital where he was later pronounced dead.
The body has been deposited at the hospital's mortuary for autopsy.
Meanwhile, Rahimatu who was alleged to have been assaulted by his son, Sekyere on hearing of the death was suddenly taken ill and rushed to the Mampong hospital where she was referred to the Komfo Anokye Teaching Hospital (KATH) in Kumasi where she is said to be responding to treatment.
GRi../
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