State Prosecutors are expected to parade three witnesses to prove their case against the four persons arraigned for their alleged roles in the train accident at Abortia in the Volta Region.
This was made known on Wednesday, July 17, during the Case Management Conference (CMC) before the High Court (criminal division) presided over by Justice Lydia Osei Marfo.
The four—Koku Koudjo, a 34-year-old gas welder, Patrick Kwaku Sosu, a 52-year-old laborer, Alaza Prosper, a 28-year-old laborer, and Fiadugbe Emmanuel, a 31-year-old laborer—are facing several charges. They have pleaded not guilty and have been granted GH₵200,000 bail each with two sureties to be justified.
As part of their bail conditions, they must report to the police every Friday, and the accused and their sureties are to submit copies of their Ghana Cards to the Court’s Registry.
The charges are:
“Aiding the Obstruction of a train using a railway line” contrary to Sections 85(1)(b) and 85(1)(a)(G) of the Railways Act, 2008 (Act 779).
“Aiding in Endangering the safety of a person on a train using a railway line” contrary to Section 85(1)(b) and 85(1)(a) of the Railways Act, 2008 (Act 779).
“Unlawfully placing stones across a railway line” contrary to section 86(1)(a) of the Railways Act, 2008 (Act 779).
“Causing unlawful damage” contrary to Section 20(1) and 172 (1)(b) of The Criminal Offences Act, 1960 (Act 29).
Meanwhile, Koku Koudjo and Patrick Kwaku Sosu, despite being granted bail, were unable to meet their bail conditions. Following prayers from their respective counsel for bail variation, the request was granted by the court despite the prosecution’s opposition.
“The 1st and 2nd accused persons are granted bail in the sum of GH¢150,000.00 with a surety each who should provide a landed property not less than GH¢150,000.00; all other conditions remain the same.
“Any indenture produced by any of the sureties, if the same is not covered by a titled document, can be verified by the owner who should make a declaration to its authenticity and ownership,” Justice Osei Marfo ruled.
The case has since been adjourned to October 17, 2024, for the Case Completion plan, where a date would be fixed for the trial to begin.
Brief Facts
The case of the prosecution is that the complainant, Dr. Divine Olutey, is an engineer with the Ghana Railway Corporation. While Koku Koudjo (1st Accused) is a gas welder, Patrick Kwaku Sosu (2nd Accused), Alaza Prosper (3rd Accused), and Fiadugbe Emmanuel (4th Accused) are laborers.
The prosecution stated that, on April 18, 2024, between 9:00 AM and 1:00 PM, the accused persons were on board a Hyundai Gold truck with registration number GS 9018-20, driven by one Dzidotor Abel (now a convict).
It was revealed that the accused bought some blocks from a block factory at Juapong and conveyed them to Abortia using the underpass of the railway lines. The first accused was in the vehicle together with the other accused persons.
After discharging the blocks at the 1st accused’s site, the accused decided to avoid the under bridge and cross the railway lines with their vehicle. Despite being fully aware that the railway lines were inaccessible to motor vehicles, they still decided to use the railway lines as a shortcut to get to Juapong.
When they arrived at the railway lines and realized that it was impossible to cross over the railway tracks, they gathered stones from the sides of the tracks and placed them on the railway lines to serve as a path for the truck to cross over. However, the truck still got stuck on the railway line.
The accused persons tilted the head of the truck and left the scene without providing any warning for trains plying the tracks.
Investigations disclosed that there is no access route across the railway tracks to the Juapong road. Even if the truck had successfully crossed the railway, a big gutter and a stream to the west side of the railway lines would have prevented the accused persons from joining the Akuse-Juapong road.
Cost of Damages
On the same day, the management of Ghana Railways Company, led by the complainant and including 28 engineers from Ghana and Poland, embarked on a test run of the new Diesel Multiple Unit (DMU) 001 Train from Tema to Mpakadan. This test run had been announced ahead of time. When the train got to the Abotia area, it rammed into the Hyundai Gold truck, which was stuck across the railway lines.
Both the train and the truck were damaged. The train was sent to Tema for examination, while the scrap of the vehicle, which was damaged beyond repairs, was taken to the Juapong police station for further action.
An examination of the damage caused to the train was conducted by the manufacturers of the train, and the damage is valued at $2,138,466.86.
On April 19, 2024, the driver, Dzidotor Abel, was arrested and arraigned before the Circuit Court in Juapong, presided over by His Honour Proper Deu-love Gomashie. He pleaded guilty to three out of four counts and was subsequently convicted and sentenced to six months imprisonment.
Investigations are still ongoing regarding the validity of his license at the time of the incident.
Source: Ghana/Starrfm.com.gh/Murtala Inusah
