Kwabena "Tagor" Amaning

One of Ghana's most 'celebrated' criminal trials yesterday came to an end when Kwabena "Tagor" Amaning and Alhaji Issah Abass were found guilty of narcotics related offences and sentenced to 15 years in hard labour each. The sentence was to commence from August 2, 2006.

The court also expressed its disappointment at the Attorney-General’s inability to prosecute Assistant Commissioner of Police Kofi Boakye, in whose house the confession that nailed the two men was made.

Out of the six charges, the court found the men guilty on three and not guilty on the other three. Their lawyers said the convictions and sentences will be appealed against.

Alhaji Abass, 53, and Tagor, 34, were jointly charged for conspiracy. Tagor has additionally been charged with carrying out prohibited business relating to narcotic drugs, buying and supplying of narcotic drugs, while Abass is being held for carrying out prohibited business relating to narcotic drugs and supplying narcotic drugs. They pleaded not guilty to all charges.

Although the court, presided over by Justice Jones Dotse, found them guilty on counts one, two and three, they were acquitted and discharged on counts four, five and six.

Passing the judgment, the trial judge held that the prosecution managed to prove beyond “any reasonable doubt” that the accused persons were guilty.

He rejected the accused person’s plea that the conversation on the famous ‘ACP Kofi Boakye’ tape, which was the basis for their trial and conviction, was stage-managed and aimed at baiting ACP Kofi Boakye to speak.

Abass had given evidence that he secretly recorded the conversation after asking Tagor to help him force out a ‘confession’ from ACP Boakye for his handlers at the Narcotics Control Board.

Justice Dotse said the idea of enticing ACP Kofi Boakye to talk was untenable. He explained that most of the things Tagor and Abass said on the tape were later found to be true.

The judge said he did not believe that such factual and precise information would be made in a baiting game. He held that what transpired at ACP Kofi Boakye’s residence was nothing like baiting.

The judge referred to evidence and testimony from Prof John Peter French, the forensic expert, his assistant, Philip Thomas Addison and Kofi Agyekum, senior linguistic lecturer at Legon, that the ACP Kofi Boakye tape was not stage-managed to further buttress his point. The judge went on to describe the expert witnesses’ evidence as very credible.

“Professor French took all the care to make sure that the end result of his work is impeccable. His work’s rate of success is about 98 percent,” he added.

He said the meeting at ACP Boakye’s residence was one held by business brothers and colleagues and ended peacefully. He said the accused persons were among the five people at the said meeting who discussed how to locate 76 parcels of cocaine carted from MV Benjamin, a vessel that was purportedly under surveillance. He held that the motive was to share the benefits.

Concerning Abass’ claim that they were requested by the Narcotics Control Board to help them in their investigation of ACP Kofi Boakye, Justice Dotse said if Colonel Akuoko’s evidence was taken into consideration, then the defence of the accused persons has collapsed. He said the statement of the accused persons on the tape was therefore a self confession and not a baiting game.

The judge said Tagor’s demeanor during his evidence in chief and cross examination portrayed him as someone who has no regard for truth. He said there were a lot of questions surrounding the incorporation of Tagor’s businesses. He added that Tagor also has a lot of aliases and has admitted that he travelled outside Ghana with a passport that does not bear his name.

Justice Jones Dotse said ACP Kofi Boakye had not been arraigned before him, noting that it is the duty of the Attorney General to initiate court actions. He expressed disappointment at the A-G for not joining ACP Kofi Boakye to the legal action.

He said one would have understood if it was a strategy by the A-G to use ACP Kofi Boakye as a witness against the accused person as it did Kwabena Acheampong. He said the defence claim that ACP Kofi Boakye was a material witness was not right since the prosecution had built a credible case without him.

According to the judge, it would have been better if ACP Kofi Boakye had been prosecuted. “Only time will tell whether the A-G will decide to bring criminal charges against him in the near future,” he added.

The judge profusely commended Detective Inspector Charles Adaba for doing a thorough job. He described Abass’ attempt to associate Detective Inspector Adaba to the bungled arrest of Asem Daker as mischievous. He said Adaba’s effective work make him unpopular with the accused persons.

The judge noted that there was no evidence to show that Adaba was part of the police officers that took part in the failed operation. He further noted that Adaba at all material times was stationed at the Police Headquarters.

Contrastingly, the judge took Detective Justice Nana Oppong to the cleaners. He expressed his disgust at the manner in which Detective Oppong handled the investigation and described it as “wishy washy.”

He said Detective Oppong’s conduct and demeanor during his cross examination portrayed him as incompetent. The judge recommended that only competent detectives be given high profile cases to be handled.