Audio By Carbonatix
State prosecutors are to subpoena about seven witnesses to testify in the criminal proceedings against DSP Gifty Mawuenyegah Tehoda, who is accused of having played a role in the mysterious cocaine-turned-baking-soda saga.
The latest development is borne out of prosecutors' inability to get the witnesses to appear before the Accra Circuit Court, four months after the interdicted top police officer was arraigned on a charge of abetment of crime to wit stealing of cocaine.
Wednesday was the third time the prosecutors had failed to present their witnesses before the Accra Circuit Court, and have always cited various reasons including investigations into the matter.
Commencement of the case was scheduled to have started Wednesday but when the case resumed, Principal State Attorney, Anthony Rexford Wiredu, informed the court “we are not ready to start today”, on claims that the prosecution witnesses are not available.
He told the court, presided over by Mr. Francis Obiri, that the subpoena had been prepared but yet to be filed at the court, and that, he had contacted the investigator from the Bureau of National Investigations to come for the processes, and accordingly serve it on the witnesses.
Wednesday’s failure by prosecutors to produce witnesses came on the heels of a warning by the court on Tuesday that it would strike out the case against the accused person if the state attorneys failed to commence the trial on Wednesday.
Prosecutors, have since February 6, when fresh charges were leveled against DSP Tehoda after an earlier charge was flawed been struggling to assemble its witnesses to prove the charge, which she has denied.
DSP Tehoda was first put before an Accra Circuit Court on January 17 on a charge which was flawed by the Human Rights Court in Accra. She was subsequently put on fresh charge of abetment of crime to wit stealing of cocaine on February 6.
On April 2, Mr Wiredu informed the court, then presided over by Ms. Audrey Korcuvie-Tay that they were ready to start the case to which the court adjourned proceedings to April 20 for them to start.
“We will come here fully prepared with our arsenals to start shooting left right and center” Mr. Wiredu told the court then, and added that they were in contact with the witness in the case. However, on April 20, prosecution failed to start the case .
On May 18, when the case resumed before the current judge, state prosecutors handling the case were absent without any reason or recourse to the court; prompting the defence team to indicate to the court their resolve to make a formal application for “want of prosecution” over the state attorney's consistent inability to start prosecuting the case.
But that is yet to be done.
At Wednesday's brief sitting on the matter, Defence Counsel, Mr. E.A Vordoagu, though not happy at the handling of the case by the state attorneys, obliged the request for an adjournment.
Before adjourning the case, Mr. Obiri said: “The state should commence (leading evidence) at the next adjourn date, otherwise will think that it is not ready to prosecute the accused person and as such, I will discharge her.” The case continues on June 14.
The prosecution's case is that the Bureau of National Investigations (BNI) launched investigations into the missing cocaine which was tendered in evidence in Circuit Court One on September 27, 2011 and was admitted in evidence for the court in the case involving Nana Ama Martins.
On the following day, September 28, 2011, the defence team objected to the exhibit, claiming it was not cocaine.
According to the prosecution, it would lead fresh evidence to prove that an uncle of Nana Ama Martins, called Yankah, and a sister of hers, Serwah Gyaabah, had told a witness in the case that they (Yankah and Serwah) managed to turn the cocaine into soda with the help of DSP Tehoda after the judge and his court clerk had refused to take GH¢4,000 and GH¢1,000, respectively, as bribe.
According to the prosecution, there was another witness to confirm the role played by DSP Tehoda and the others to turn the cocaine into sodium bicarbonate.
It further stated that DSP Tehoda assisted Nana Martins' family to get a buyer to sell her house in order to raise GH¢10,000 to pay legal fees and other expenses. DSP Tehoda was also said to have invited Nana Martins's lawyer to her office three times to pay off his legal fees.
The prosecution alleged that DSP Tehoda informed the lawyer that she, with the connivance of others, had managed to swap the cocaine and that at the trial he should request for a retesting, which was done. It said evidence would be led to show that DSP Tehoda jubilated in her office after the narcotic drug found on Nana Martins had tested positive for soda.
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