CAGED! Dr. Frederick Yao Mac-Palm. INSET: Bright Allan Debrah Ofosu (left) and Ezor Kafui. Pictures by Nii Adjei Mensahfio
The three persons, who were busted with stockpile of arms at the Citadel Hospital at Alajo in Accra last Friday, have been remanded in custody by a Kaneshie District Court in Accra.
The action taken by the court comes at the back of a request by officials of the Bureau of National Investigations (BNI) to allow them to carry out further investigations into the matter.
The arrests of the three—Dr. Frederick Yao Mac-Palm, Donya Kafui and Bright Allan Debrah Ofosu—were jointly undertaken by personnel of the Defence Intelligence Directorate, Criminal Investigations Department (CID) and the BNI.
Different Charges
The suspects, who were initially detained in BNI custody, were yesterday hauled before the Kaneshie District Court.
The accused persons are facing a total of five charges— all in connection with the deadly explosives and ammunition they were caught with.
Together, the three as well as one suspect, only identified as Suley, are facing two counts of conspiracy to manufacture arms and ammunition, as well as the unlawful possession of explosives and firearms.
Donya Kafui, who is a blacksmith, is facing an additional count of manufacturing arms and ammunition without lawful authority.
He is further accused of manufacturing 22 explosives hence another count of manufacturing firearms and ammunition without lawful authority.
Dr. Frederick Yao Mac-Palm is also facing another count of possession of explosives and firearms – 22 explosives, six pistols, three grenades, and five pieces of ammunition without lawful authority.
Plea
The pleas of the accused persons were not taken because the charges relate to a trial by indictment and the District Court does not have jurisdiction to convict or sentence the accused persons on those charges.
The accused persons were represented by their lawyer Kwadjoga Adawudu, who was led by Eric Atieku.
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Police Request
The prosecution led by ASP Sylvester Asare asked the court, presided over by Rosemond Agyiri, to remand the accused persons while the police conduct further investigations.
He told the court that the accused persons were arrested on Friday and per the law, the police are supposed to arraign them within 48 hours saying it is in light of that legal provision that the accused were hauled before the court.
He pleaded with the court to remand the three in the custody of the BNI, the investigating body, to enable them engage the accused persons constantly.
ASP Asare assured the court that the BNI would open its doors at all times to the lawyers and relations of the accused persons in preparation for their defence.
Objection
Defence Counsel Adawudu was, however, not impressed with the request of the prosecution, arguing that the court was presented with a charge sheet and facts of the case which is an indication that the police were done with their investigations and were ready for the trial.
He asked the court for directions as to why the pleas of the accused persons were not taken since the prosecution did not indicate in the fact sheet that investigations were still ongoing.
Order
The presiding Magistrate after listening to both sides urged the prosecution to take another look at the charges levelled against the accused persons.
She said the charges demand a trial by indictment and if that was the case she could not take the plea of the accused persons because should any of them plead guilty, she does not have jurisdiction to convict and pass a sentence.
She, therefore, remanded the accused persons in BNI custody to reappear on October 9, 2019.
She further ordered officials of BNI to allow lawyers of the accused persons to have access to them between 2 pm and 5 pm every day.
The families and relations of the accused persons were also given the chance to visit them every day between 10 am and 1 pm should they wish to.
BY Gibril Abdul Razak