CLIFFORD BRONI BEDIAKO v. THE REPUBLIC

DENNIS D ADJEI JA

The appellant stood trial at the Greater Accra Regional Tribunal, Accra on a charge of possession of narcotic drug without lawful authority contrary to Section 2 of the Narcotic Drugs (Control, Enforcement and Sanction Law) PNDCL 236/1990.

The Appellant pleaded not guilty to the offence and trial started on 24th May 2006.

In the course of the trial the Appellant applied to change his plea and the plea was retaken but the explanation offered suggested that he was not guilty and the trial Tribunal continued with the hearing of the matter to its finality.

The plea which was retaken in the middle of the trial has been raised as an issue by the Appellant and the legal issues involved would be addressed in due course.

Briefly stated the case of the prosecution was that the Appellant, a Ghanaian who was pursuing a Masters programme in London Metropolitan University was arrested at the Kotoka International Airport on 14th July 2005 when he was scheduled to travel to London on board a KLM Flight.

The Appellant was suspected of possessing narcotic drug by the officer from the Narcotic Control Unit who was on duty at the Kotoka International Airport.

The Appellant was taken to the 37 Military Hospital where an X-ray examination revealed that he had foreign material in his stomach.

The Appellant expelled 36 whitish pellets under the supervision of the Narcotics Control Unit officials.

The forensic examination by the Ghana Standards Board revealed that the foreign substance which was hidden in the Appellant’s stomach was cocaine with a percentage purity of 71.4% with total gross weight of 320 grams.

The Appellant admitted having swallowed the 36 pellets of foreign material into his stomach but said that the substance was diamond and not cocaine.

The main issues for determination before the tribunal were two folds namely:

i. Whether or not the substance found in the stomach of the Appellant which was expelled under the supervision of the personnel of the Narcotics Control Board was either cocaine or diamond and

ii. Whether or not the Appellant knew that the substance he swallowed was diamond and not cocaine.

The trial Tribunal rejected the defence put up by the Appellant as an attempt to throw dust into the eyes of the court.

The Court convicted and sentenced him to twelve years imprisonment in hard labour.

On 14th March 2008 the Appellant initially filed an appeal against sentence.

He subsequently applied to this Court to grant him le