An Accra Fast Track High Court on Friday
ruled that a month incarceration of six persons apprehended in connection with the 61 parcels of cocaine intercepted at Tema Port in a 40-foot container did not constitute unreasonable delay in the trial.
It however directed the State to speed up its investigation so that hearing would commence on July 6, this year after declining the accused persons bail application for a second time.
The six, Augustina Abu, importer, Yaw Attah Nkansah, clearing agent, Alfred Amedzi, Managing Director of Sedco Agency, Kennedy Osei and Simon Bede, directors of Sedco Agency and Francis Addo, a driver, are being held for engaging in criminal conspiracy.
Abu is also being held for importing narcotic drugs, suspected to be cocaine into the country.
They have pleaded not guilty to the narcotic related charges levelled against them.
In it's ruling, the court presided over by Mr. Justice C.J Honyenuga noted that a month's incarceration did not constitute an unreasonable delay in the trial. A bail could only be considered if there was "unreasonable delay" in the trial.
The court said it was mindful of the prosecution's submission on the bail application saying, "That was not binding on the court."
It said if the prosecution did not object to the bail, they should have "stated so."
The court pointed out the submissions by the prosecution declaring that they were collaborating with its sister agencies in the United Kingdom and the United Nations Organization for Drug and Crime for more information and asked for adjournment.
According to the court, cases of such nature take a longer time to investigate.
The court on June 8, this year dismissed a bail application put in by the defence team. This was however repeated on June 18, this year, the basis on which the court gave its ruling.
It vehemently opposed the bail application of Ms Augustina Abu, because it was alleged that she imported the said drugs into the country.
In the case of the five others, prosecution entreated the court to make the bail terms very strict to prevent them from absconding.
But the defence team on June 18, vehemently reacted to prosecution's submission saying they were wondering when investigations would be over for the trial to start.
They contended that the prosecution had not been able to provide enough evidence before the court, to justify the continuous incarceration of the accused persons.
They pointed out the untold hardship they were encountering because of the accused persons' incarceration, adding that the prosecution's submission indicated that they were not ready to start the trial.
"All the adjournments are at the instance of the prosecution," they observed, and submitted to the court to use its discretion and grant bail to the accused persons.
The facts of the case are that on May 15, this year M/V Maersk Nolanville docked at Tema Port with containers from Ecuador, Panama and Spain.
The prosecution said among the containers was one with number MSAU0118160 manifested to contain 1,880 cartons of chewing gum, imported by Ms Abu of Augustina Abu Enterprise.
The prosecutor said personnel of the Joint Port Control Unit (JPCU) made up of officers from the Narcotics Control Board; Customs, Excise and Preventive Service (CEPS); Bureau of National Investigations (BNI); Ghana Ports and Harbours Authority (GPHA) and the Police tagged the said container, which meant that it could only be opened by JPCU officers.
At about 1530 hours on May 19, the container was scanned and the image disclosed that it had some other objects in addition to its official cargo.
During a thorough examination, two bags containing a total of 61 slabs of whitish substances suspected to be cocaine were found among the cartons of the chewing gum.
A test of the substance indicated that it was cocaine.