State Serves Notice Not To Pursue Case Against 3 South Africans

The state has served notice not to pursue the case against the three retired South African policemen who have been deported for organising illegal military training.

A notice dated March 29, 2016 and addressed to the Circuit Court registry stated: “Take notice that the state intends that the proceedings against the accused persons Ahmed Shaik Hazis, Denver Dwayhe and Mlungiseli Jokani – shall not continue.”

The Attorney-General and Minister of Justice, Mrs Marietta Brew Appiah-Opong signed the notice, which was filed at the Circuit Court’s registry on March 29, 2016 at 9:41 a.m.

What this means is that there is no criminal action pending against the three in Ghana.

The three were granted bail on March 24, 2016 but officers of the Bureau of National Investigations (BNI) refused to release them, despite protests from their lawyers.

Rather, the Ghana Immigration Service (GIS) deported the three on March 29, 2016, fuelling anger from the defence team, which has indicated its intention to file contempt charges against the BNI officials.

Background

Major Hazis (retd), 54; Warrant Officer Dwayhe, 33, and Captain Jokani, 45, were arrested at the EL-Capitano Hotel where they had been based since arriving in Ghana.

They were each charged with three counts of conspiracy to commit crime, unlawful training and making false declaration. They pleaded not guilty to all the charges when they appeared before the court, presided over by Mrs Patricia Quansah.

They were to reappear on April 12, 2016, but under the circumstance, state prosecutors are expected in court on that day to announce the state’s intention not to pursue the matter.

Facts

Brief facts presented in court stated that the accused persons were retired South African police officers and that between January 2016 and March 2016, they applied for visas at the Ghana High Commission in South Africa on the pretext of doing business in Ghana.

They said based on the information given to the High Commissioner, the accused persons were granted their visas and they arrived in Ghana in March 2016.

According to the facts, information reached the security agencies that some people were training five persons in military tactics at Agona Duakwa.

They were arrested and during investigation, the accused persons stated that they were brought into the country from South Africa by Captain Edmund Kojo Koda (retd) and Captain Kwesi Acquah (retd) to train New Patriotic Party (NPP) security personnel for the 2016 general election in Ghana.

Further investigation at the GIS revealed that the accused persons filled disembarkation forms indicating they were in Ghana to do business.

By-Graphic