Major Ahmed Shaik Hazis (rtd), 54; Warrant Officer Denver Dwayhe, 33, and Captain Mlungiseli Jokani, 45, were each admitted to a GHC20,000-bail with a surety by an Accra Circuit Court after the Police prosecutors presented their case against them.
The three ex-cops, who were picked up at Agona Duakwa in the Central region for acts deemed as a threat to national security by the Bureau of National Investigations, pleaded not guilty to three counts of conspiracy to commit crime, unlawful training and making false declaration when they made their first appearance in court Thursday afternoon.
They were represented in court by a team of seven lawyers led by Elis Owusu-Fordjour and Samuel Ata Akyea.
The prosecution, led by Superintendent Francis Baah had wanted them to be remanded but the lawyers raised objections and made cogent legal arguments for their release on bail.
According to the prosecution, their investigation revealed "the accused persons filed disembarkation forms indicating that they were in Ghana to do business".
Lead counsel for the accused Ellis Owusu Fordjour, prayed the court to grant them bail since the facts did not support the charges being brought against his clients.
He argued that all the offences the suspects were accused of were misdemeanours and besides the accused persons gave voluntary statements and came into the country without lethal weapons for the training exercise.
He further indicated that the leader of the three, Chris Hazis, trained Nana Addo Dankwa Akufo-Addo's bodyguards in 2012 and was in the country a month ago.
But Counsel Fordjour's assertion that his clients had no guns in their possession, was quickly rebutted by the prosecutor who disclosed his police training started without the use of guns.
Praying the court for at least 14 days to complete their investigations, he argued that the South African Ex-police officers were teaching the people high-level military training and also had no fixed place of abode.
Lawyer Atta Akyea then waded into the discussion pleading with the court to grant their clients bail saying it will not speak well of the country if the suspects are refused bail simply because of lack of a permanent residence because Ghanaians are not deprived their rights because of lack of permanent addresses.
Having listened to the argument from both sides, the court presided over by Patricia Quansah, sided with the defence and granted the accused persons bail.
The court however ordered for the passports of the accused persons to be deposited with the Registrar and that the sureties were to provide photo identity cards to satisfy the bail conditions.
The Court said the bail is subject to "how speedy the prosecution will pursue the matter" and warned prosecutors it will be compelled to release the passport of the accuse to them should there be any delays.
BNI Defies Court...Atta Akyea Furious
Drama however unfolded after the court proceedings as officers of the Bureau of National Investigations (BNI) carted the accused persons away.
Their lawyers remonstrated and argued that the rights of their clients were being curtailed and the BNI's action, an abuse of the court processes; but to no avail.
Speaking to the media Atta Akyea pointed out that the BNI's conduct has consequences to the country.
"It is in bad taste because we are disrespecting the laws of Ghana and these are foreigners. Don't give any impression that this is a kangaroo country in which we treat people anyhow. How can a court of competent jurisdiction say that take the accused persons to the registrar and go and look at the houses of the sureties so that bail is granted and then you just whisk them away defying the orders of the court," he stated.
"We are not going to rest on this matter...This whole case is a whole melodrama of no consequence. When civilians are training and you call it military training. Do you know what military training is? The people were being given VIP protection training. That is different from the normal security arrangement in which people are trained as to how to use guns, armoury. There is nothing like that in this case," he added.
Source.peacefmonline.com
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