Court threatens to strike out Bullion Van robbery case over ‘Unreasonable’ delays

An Accra Circuit Court has threatened to strike out the case involving six policemen connected to bullion van robberies in Accra.

This was after the prosecution led by Deputy Superintendent of Police (DSP) Slyvester Asare failed to file its witness statement for the case to commence.

The presiding judge, Patricia Amponsah, noted the prosecution had failed to file its witness statement since March this year despite directions to do so.

Accordingly, the judge said she would not hesitate to strike out the case if the prosecution failed to file the witness statements and serve the accused persons.

She directed that a copy of the order that the case would be struck out be submitted to the Attorney General’s office before the next adjourned date — 8 August 2022.

Also, the prosecution led by Deputy Superintendent of Police (DSP) Slyvester Asare was absent when the case was called. Detective Inspector Isaac Baabayi held brief for the substantive prosecutor who was absent.

Counsel for the accused persons used the opportunity to ask the court to grant their clients bail. They argued that the constant delay by prosecution meant their clients were being kept in custody as a form of punishment even before the trial begins.

They accused the prosecution of not having any concrete evidence against the accused persons, hence the constant delay in filing the documents.

“Their job is to do justice and serve justice with the court, but they have shown no regard for justice. It’s been five months and absolutely nothing has been done”, Counsel for the first accused,” Mr. Tettey said.

They further insisted their clients are serving police officers with a fixed place of abode and have people of substance who are willing to stand as sureties for them.

According to them, the suspects satisfied all the requirements in Section 96 of Act 30 to be granted bail.

The lawyers are Justin Pwavra Teriwaja, David Bondorin, Divine Dotse Tettey, Jango Nuhu, Andrew Vortia and Emmanuel Larbi.

The trial judge, Ms Amponsah, however, denied the accused persons bail due to the severity of the alleged offence.

Amended Facts

The facts of the case presented to the court by DSP Slyvester Asare were that the first four were police officers while the fifth was a scrap dealer.

Sometime in 2021, the Ghana Police Service recorded a series of street robberies and attacks on bullion vans.

Following the recent robberies, the service mounted surveillance on the suspected robbers undertaking these unlawful activities within the capital.

On 22 February 2022, the police received a report of an attack on a bullion van with registration number GN 424-14 at North Kaneshie, a suburb of Accra, by some gunmen.

The police launched an investigation into the alleged robbery, which led to the arrest of Constable Reindolph Gyimah Ansah, also known as Pablo [deceased], who admitted the offence during interrogation.

“Further inquiries led to the arrest of Lance Corporal [L/Cpl.] Stephen Nyame [also deceased] and the accused persons herein and other accomplices who are at large,” the prosecution said.

Investigations also revealed that the accused persons herein were friends and recruits mates at the police training school.

The accused persons, including the deceased officers, after their basic training, were said to have been posted to the National SWAT Unit, Police Headquarters.

DSP Asare said the accused persons who were posted to the National SWAT Unit went through tactical and specialised weapon training to equip them for the function of the SWAT Unit, which includes escort and protection of bullion vans.

According to the prosecution, sometime in February 2022, the accused persons, including their deceased officers and those at large, agreed to attack and rob a bullion van with registration number GN 424-14.

He said that pursuant to their agreement, the accused persons, on 22 February 2021, attacked a bullion van with registration number GN 424-14 at North Kaneshie Industrial Area.

DSP Asare said the accused persons armed with AK 47 assault rifles and, in their quest to rob the van’s occupants, fired several shots at the bulletproof bullion van belonging to Mon-Tran Ghana Ltd.

Further investigations also showed that the accused persons used two Royal motorbikes during the attack.

“It has been established that the fourth accused and one other at large were those who rode the two Royal motorbikes on that faithful day,” the prosecution narrated.

However, the strikers who sat behind the riders and did the firing during the robbery attack were the first and second accused.

During the operation, the third accused used another motorbike to monitor and ensure that there were no attempts to foil their attack.

“Although the accused persons had admitted some and denied some of the robberies that occurred during the period of February 2021 to February 2022, there is enough evidence on record to the effect that accused persons herein together with their accomplices agreed to attack and rob bullion vans,” the prosecution said.