The two persons who reportedly attempted exporting 100 compressed parcels of dry leaves suspected to be Indian hemp (wee) stashed in Fante kenkey from Ghana to the United Kingdom (UK), have been remanded into police custody by an Accra circuit court until November 9, 2015.
They are Kwaku Boateng, 47, a travel and tour agent and Yaw Opoku, 62, driver.
According to the prosecution led by C/Supt. Duuti Tuaruka, the accused persons on October 19, 2015 at the Kotoka International Airport in Accra, conspired and possessed the narcotic drug without lawful authority.
Kwaku and Yaw have also been charged for attempted exportation of the narcotic drug without lawful authority, contrary to Sections 56(a) and (1) of the Narcotic Drug Enforcement Drug Control Enforcement (Control and Sanctions) PNDC Law 236/1990.
Appearing before the court, presided over by Aboagye Tandoh, the two denied the charges.
Lawyer for the accused persons, Abubakari Munti-Rahman, made a spirited application for bail for his clients.
He told the court that the facts as “recited” by the prosecution did not support the charges.
Mr Munti-Rahman observed that the facts sheet of the police was indicative that the accused persons had “mere custody” of the substance and not custody in the “legal” sense.
The lawyer explained that “legal possession” was having custody and knowledge of the nature and quality of the substance of the articles in custody.
Fante Kenkey
Munti-Rahman noted that per the facts sheet, Yaw got to know the substance was ‘Fante Keneky’ only when it was opened before him, adding that “physical position without knowledge is no offence.”
He said his clients had cooperated with the police and was not sure they would interfere with any investigations.
Counsel said his clients were prepared to provide substantial surety if the court was so minded.
Opposition
C/Supt. Tuaruka was emphatic that the prosecution was opposed to the bail and that it was still investigating the case.
The prosecutor said the accused persons had knowledge of the nature and quality of the substance they attempted to export.
The trial judge however, threw out the bail application, stressing that the application was premature.
The facts of the case are that the complainants, who are police officers, at 8pm on the said day, received information that the accused persons had stuffed a Hyundai HI mini bus with cartons of compressed dried leaves suspected to be Indian hemp meant for export to the UK.
The prosecution said the complainants went to the airport and laid surveillance until about 10:30 pm the same day when they saw the said vehicle with registration number GB 5409-12 being driven by Yaw heading towards the Aviance Cargo section of the airport.
It further stated that Yaw, upon interrogation, told the police that it was kenkey but when one of the parcels was opened it revealed 10 parcels of dry leaves suspected to be Indian hemp wrapped with ‘Fante kenkey’ leaves.
<<Print>>