Court grants order for Kejetia Traders
Association
Accused Persons volunteered
information-Investigator
Court grants order for Kejetia Traders
Association
Kumasi (Ashanti Region) 30 March 2001
A Kumasi High Court has granted leave to the Kejetia Traders Association to issue a writ of possession of the North Suntreso stores against the Kumasi Metropolitan Assembly (KMA) by April 4.
The court presided over by Mr Justice Gilbert Mensah Quaye, gave the order following an application by Mr Stephen Oppong, counsel for the association.
Mr Oppong said the court gave a ruling in favour of the association on November 2, 1999 to take possession and allocate the stores to their members, who financed the project.
He said all entreaties to the KMA through their solicitors by letters with copies to the Estate Officer to comply with the court orders have been futile.
The association on March 7, 1997 filed a writ at the court for an order of specific performance of an alleged oral contract between them and the KMA in respect of the property.
It also sought an order to restrain the KMA from distributing the stores to any other people apart from the members of the association and an order for the recovery of about 44.3 million cedis being the amount the association claimed to have spent on the project.
GRi…/
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Accused Persons volunteered
information-Investigator
Accra (Greater Accra) 30 March 2001
An Accra High court trying the Highway Gold Robbery of Amansie Gold Resources bullion began a mini trial on Thursday to find out whether accused person voluntarily gave their statement to the Police.
This was after the counsel for the accused persons had alleged that the accused persons did not give the information in their statements voluntarily.
Detective Inspector Hanson Gove told the court that he took all those statements in the presence of independent witnesses.
The investigator told the court that on April 1, 1999, he took an investigation caution statement from the second accused person, Isaac Frimpong, alias Nii Baby Tei, at the Interrogation Room of the Bureau of National Investigations (BNI).
After cautioning him, Frimpong volunteered a statement, which was taken down for him in the presence of an independent witness called Joseph Ayisi Addo.
Witness said after reading over the statement all of them - the investigator, the accused person and the witness appended their signatures.
Inspector Gove further told the court that between May 24 and September 27, 1999, he obtained similar statements from RSM Jack Bebli and Kofi Bokor.
He said in all these instances, he ensured that the rules governing statements were applied.
Witness said apart from obtaining the information in the presence of independent witness, he neither used force nor intimidation on any of the accused persons.
Insp Gove said in the case of RSM Bebli, one Ellis Amedzro was the independent witness, while Kwamena Essel witnessed for Bokor.
Witness said on May 24, he took two investigation caution statements from RSM Bebli in the Investigation Room of the BNI.
He further told the court that while the accused was on bail, he obtained a charge caution statement from him on September 29.
In respect of Bokor, Inspector Gove said two statements were obtained from him.
He told the court that one Detective Inspector Addai took the investigation caution statement from the accused on July 6, while another one was taken on September 27, at the Nsawam Medium Security Prisons.
During cross-examination, Inspector Gove told the court that Frimpong was arrested on March 31, 1999, though he did not know who effected the arrested.
Witness told the court that he took over investigations into the case on February 27, 1999.
The mini-trial has become necessary because of objections raised against the tendering of the statements of the three accused persons by their counsel at two previous sittings of the court.
During those sittings, counsel drew the court's attention to the fact that their clients neither volunteered statements, nor were the statements taken in the presence of independent witnesses.
Mr Justice Richard Apaloo, the trial judge, upheld the objection and directed that under provisions of the Evidence Decree, conducting a mini-trial would be the most appropriate means by which the statements in question could be tested.
At Wednesday's sitting, therefore, Justice Apaloo suspended the main trial for a mini-trial to take off on Thursday.
This, he said, would help clear any doubts in the minds of both the prosecution and the accused persons.
On February 16, 1999, the three, together with four others, allegedly laid ambushed at Gomoa Abotsia, near Apam Junction, on the Accra-Cape Coast Highway and robbed a bullion van of eight boxes of unrefined gold worth 2.4 billion cedis.
The four are Philip Asamoah, alias Agingo, Patrick Boakye Mprah, James Doli and Augustus Oko Odartey.
All the accused persons have pleaded not guilty to various charges of conspiracy to commit crime, abetment of crime, robbery to abetment of robbery.
Mprah, Doli and RSM Bebli are on bail, while the rest are being remanded in prison custody at the James Fort Prisons.
The case has been adjourned to Tuesday, April 3.
GRi…/
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