Our clients are being used as cover-ups – Defense counsels pray

Defense Counsels for the six persons standing trial over a bullion van attack have prayed the Accra Circuit Court trying them to discharge their clients as they were being used as cover-ups.

They are General Constables: Yaro Afisu Ibrahim, Albert Ofosu, also known as “Cypher,” Richard Boadu popularly known as “Osor,” Rabiu Jambedu, Nelson Tetteh, and Badu Zakari, all police recruits as well as Baba Zakari, alias Rasta, a civilian mechanic.

Counsel for General Constable Yaro Afisu Ibrahim who led the prayer said their two colleagues who admitted to the crime, were dead and that the rest who had denied the offences should be granted their liberty and not be used to cover up the offence.

This was during another attempt to secure bail for the six accused persons, especially, his client, General Constable Ibrahim in the Court presided over by Mrs. Patricia Amponsah.

He said the prosecution had no facts against them and the accused persons would suffer unnecessarily if justice delayed, adding that they should be granted bail or discharged for want of prosecution so that anytime prosecution was ready, they would appear to stand trial.

In their earlier repeat application for bail, counsel for Boadu said prosecution had taken the Court for a “spinning ride,” saying, it was evident that prosecution had no evidence, deceiving the court, and had no regard for justice.

He prayed the Court to use its discretionary powers in favour of the accused persons else prosecution should bring an iota of evidence to justify their continuous detention.

Moreover, he said his client was a serving policeman and would make himself available for trial should he be granted bail and that prosecution had not adduced any evidence that showed that the accused persons would not stand trial or interfere with the investigation.

Mr. Emmanuel Larbi Amoah, counsel for Baba Zakari, alias “Rasta,” associating with his colleagues’ submissions, said prosecution had failed to link his client to the crime and that his right to liberty should be considered and granted bail.

He said Baba Zakari would submit himself to stand trial because he had people of substance and independence to stand as sureties and had his motorcycle mechanic shop at Nsawam.     

Police Inspector Isaac Babayi, who held the brief of Deputy Superintendent of Police (DSP) Sylvester Asare, had told the Court that DSP Asare, the substantive prosecutor, was not available, adding that he was instructed to take a short date for prosecution to “come properly” and file their disclosures.

The Court, in its decision, said the circumstances of the case remained the same and that defense counsels again failed to convince the court to grant the accused persons bail.

It ordered that a copy of the docket should be sent to the Attorney General for advice since it oversees prosecution and if it also failed, the case would be struck out.

It then adjourned the case to August 8, 2022.

DSP Asare had earlier told the Court that General Constables Yaro, Fosu, Boadu, Rabiu, and Tettey are recruit mates and friends whilst Zakaria is a motor mechanic.

In 2021, Police recorded a series of bullion vans and street robberies within the Greater Accra region and mounted surveillance, the Prosecution said.

On February 22, 2022, upon a tip-off that armed men attacked a bullion van with registration number GN 424-14 at North Kaneshie, investigation led to the arrest of Constable Reindolph Gyimah Ansah alias Pablo and Lance Corporal Stephen Nyame [both deceased]. Further investigation led to the arrest of the accused persons.

He said the Constables, including the deceased officers after their basic training, were posted to the National SWAT Unit, Police Headquarters, while Tettey was posted to the Rapid Deployment Force [RDF], Wa.

The Court heard that Yaro, Fosu, Rabiu, and Tettey when posted to their respective Units, underwent various tactical and specialized weapon training to equip them for the function of their Units which included escort and protection of Bullion Vans.

Further investigation had it that in February 2022, accused persons, including their deceased colleagues and those at large agreed, attacked and attempted robbing Mon-Tran Ghana’s Bullion Van with Registration number GN 424-14.

They shot into the bulletproof van with AK 47 Rifles and used Royal motorbikes alleged to be Tettey’s, which were ridden by their accomplices at large. Boadu’s duty was to monitor the van and feed the gang with information.