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Opinions of Tuesday, 22 December 2009

Columnist: Kutsienyo, Justice

The Kinapharma Brouhaha: Enough Is Enough!!!

I have for the past few days heard various twists and turns to the unnecessary brouhaha which had characterised the publication of the news by the Daily Graphic newspaper with respect to the arrest of some officials of the Kinapharma Pharmaceutical Company by the Criminal Investigations Department of the Ghana Police Service on suspicion of keeping a substance suspected to be cocaine.

Upon the arrest and subsequent tests, it was proven that the substance in contention was not cocaine; though preliminary or field tests indicated that there was 20% likelihood that the substance was partially a cocaine substance.

As a matter of fact, the two entities have taken entrenched public postures on whether the Police Service is obliged to apologise to the Kinapharma Pharmaceutical Company or otherwise. In the raging debate and demands however, the Police have insisted that their actions were in good faith, procedurally correct, reasonable and to that extent were not going to apologise. Though the Daily Graphic insists that they got their story from the Police, the Police Service has equally insisted that the published story was not authorised by the Police Service.

The management of Kinapharma Pharmaceutical Company through their counsel had asserted that the actions of the Police Service and the Daily Graphic Newspaper jointly had a defamatory effect on the corporate image of the company in issue and have therefore threatened to take a legal action against the entities concerned.

Let me clearly establish that after the substance was tested, and the result was found to be negative, the Police Service publicly organised a press conference and averred that indeed the substance wasn’t cocaine. This privileged press conference had in its body and spirit all the needed character and effect of facilitating the reparable and remedial measures of restoring the corporate image of the Kinapharma Pharmaceutical Company if any was lost.

For the management of Kinapharma Pharmaceutical Company to demand a public apology and to drag the matter till today is a classical case of asking for too much with no basis, and with a clandestine motive to project and market their company and products and to possibly make it impossible for the Police to investigate them should there be the need to do so in the near future.

The people supporting Kinapharma Pharmaceutical Company must take cognisance of the fact that in the unknown event that Kinapharma decides to deal in drugs in the future, this baseless demand will deter the Police Service from executing their legitimate duty. As consumers, we must be worried about the substances used and kept in the warehouses of drug manufacturing companies and if the Police in their attempt to protect the interest of the citizenry does so reasonably and legally, we must encourage the Police Service to go all out to protect us and not to fall for the marketing gimmick of Kinapharma Pharmaceutical Company.

As a matter of general law, no one is above the law and anyone could be a suspect for a civil and criminal offence As long as the Police Service legitimately executes this legal action, why are they being called upon to apologise? What at all will be the basis for a suit? Do we therefore as a people want to set a very bad unprecedented precedence for the Police Service to apologise for an action so legally and reasonably executed on ground that the persons involved are bigger than the law or to imply that anytime a suspect is picked for a crime and is found to be inculpable, then the Police Service must publicly apologise to the persons involved?

An apology is an implicit admission of guilt and for a law enforcement agency of the state like the Police Service to be told to apologise and to that extent admit guilt for no wrongdoing is highly unmeritorious and untenable. The Daily Graphic newspaper is not an official mouthpiece of the Police Service and never has the Police service through their Public Relations Department published a statement to the effect that they had apprehended the said officials of Kinapharma Pharmaceutical Company on suspicion of keeping substances suspected to be cocaine. The Daily Graphic equally reserves the right to believe in the information provided by unauthorised sources and must therefore not be blamed for the publication of the story with respect to the issue especially when they have subsequently published stories with respect to the subject matter to vindicate and remedy any consequential effect of their earlier action.

At a time that the Narcotic trade is thriving in Ghana, the least we could do as a people is to demand an apology from our Security officials. Ghana is bigger than any individual and the Police Service is bigger than Kinapharma Pharmaceutical Company. An apology on the part of Police Service will amount to an admission of guilt and to that extent raise questions about their commitment to uphold due process. The credibility and integrity of the Police Service must remain intact and should not be sacrificed because of the Kinapharma Pharmaceutical Company. Let us not demoralise them in their attempt to fight the narcotic trade. The Police service have largely relied on the information of the public and the vilification by some will certainly demoralise them and that will mean that the citizenry will ultimately be at risk. No one ever thought an NPP MP, Eric Amoateng was a drug baron till he was apprehended in the USA. He wasn’t caught in Ghana because of his stature and for me we must allow our security agencies to freely and fairly work as long as they have not acted in bad faith.

Those who want to politicise the issue should bow their heads in shame. The Police Council, and the National Media Commission are expected to sit on the matter, the Association of Ghana Industry as well as the Ghana Pharmaceutical Council had made a statement on the subject matter. The Ministry of Trade and Industry and many other recognised bodies and institutions have also made a statement on the matter.

The Kinapharma Pharmaceutical Company seems to be enjoying the drama and they want to do that at the expense of the Police Service. As long as the point of their vindication is discussed, there is a commercial and marketing benefit which will obviously optimise their returns. I strongly hold the view that, the Ghana Police Service is doing creditably well (despite the incalculable constraints) and all citizens must be eternally grateful. The Kinapharma Pharmaceutical Company will forever need the services of the Ghana Police Service, hence the need to tread cautiously else they might end up laughing at the wrong side of their mouth.

Thank you!!! Justice Kutsienyo [email protected]