Castro may be prosecuted if he misled the public - Lawyer

A Constitutional Lawyer, Kwesi Fukour Benyin says Afrobeats Artist, Theophilus Tagoe, popularly known as Castro will be prosecuted if it is proven that he was misleading the public about going missing when he shows up.

He also said if the State gets concrete evidence that Castro intentionally went into hiding for reasons best known to him, the state will not allow him to reclaim his properties shared amongst his family members.

Castro disappeared mysteriously with a lady friend, Janet Bandu, on July 7th, 2014 during a jet-ski ride at Aqua Safari, a beach resort at Ada in the Greater Accra Region.

It was reported that he had visited the beach resort with his friend, the Black Stars captain, Asamoah Gyan, for recreation with some other friends.

The Black Stars captain and his brother, who were with their close pal, Castro, Samuel Anim Addo (Asamoah’s business manager) and some female friends, reportedly left Accra for Ada at the weekend where they checked in at Aqua Safari for two days.

Sources said the group later moved to another holiday resort near the Volta estuary where the hip-life artiste and Bandu hired a jet ski and began to cruise.

While cruising, eyewitnesses narrated, Castro’s lady friend who was behind the musician fell into the water and, in an attempt to rescue her, both of them allegedly got drowned.

Extensive investigations, including a search for the bodies of Castro and his lady friend along the beaches of Ada by the Marine Police personnel and local fishermen were made but the two were not found.

Some spiritualists even joined in the search, saying Castro might have gone for spiritual consultation with the marine spirit (Maame Water.)

Despite, some people also claimed Castro was still alive although there was no evidence.

Meanwhile, the two will be declared dead on July 7th 2021, seven years after they disappeared.

Speaking on Atinka TV’s morning show, Ghana Nie, with Co-Host, Ama Gyenfa Ofosu Darkwa, Lawyer Fukour Benyin said, “If we get evidence indicating that he intentionally misled Ghanaians, we will not allow him to go for his properties shared, we can also prosecute and punish him for lying to the state and the family, it will bother on fraud.”

He added that, “It will all depend on the circumstances, if we have strong evidence that he intentionally did that for reasons best known to himself, these are the consequences that will follow. It is a criminal offence which can lead to prosecution.”

When asked what would happen if Castro showed up after declaring him dead and sharing his properties, the Lawyer said the declaration of his death will be annulled.

He said the State had diligently searched for Castro and Janet and that it (State) will declare both of them death, after which his family can go ahead with his funeral.

For sharing of properties, the Lawyer said if Castro made a will before his disappearance, it would be used to share his properties but if he did not, the state will use the Intestate Succession Law to share his properties.

However, he noted that if Castro showed up and he had genuine reasons for his disappearance, he would be allowed to reclaim his properties.