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The Sunyani Circuit Court, after a 44-month long human trafficking trial, has sentenced a man and his son to concurrent five-year imprisonment terms for trafficking and exploiting six minors into fishing on the Volta Lake.
The case started in February 2019 at Duayaw Nkwanta Circuit Court where the accused, both residents of Yeji Abenwaa in the Bono East Region, applied for and were granted bail. The case then moved to the Sunyani Circuit Court in April 2019 and was presided by His Honour Sylvester Nii Okai Ablorh.
Prosecuted by State Attorneys in Sunyani, with support from International Justice Mission (IJM), the two were found guilty of one count of Human Trafficking contrary to Section 2(1) and (2) of the Human Trafficking Act 2005, [Act 784]; one count of using of trafficked persons contrary to Section 4 of the Human Trafficking Act, 2005; and another count of Engagement of Children in Exploitative Labour contrary to Section 87 of the Children’s Act, 1998 [Act 560].
The Trafficking: A Complex Family Matrix
The six survivors of child trafficking are three sets of siblings. The 1st Accused worked with two sets (4 children). Of these, one set (two siblings), were the step-grandchildren of the 1st Accused. He is their grandmother’s ex-husband. The other set (a boy and a girl) had no relation to him. They were trafficked by their own father to this boatmaster.
The third set of two siblings that worked with the 2nd accused were the 2nd accused person’s half brothers.
Both Accused persons had recruited the children from their families and engaged them in fishing activities that were hazardous to their health. The children were also not in school and had no medical attention to aid in their well-being and development.
The Rescue
In a rescue operation on January 31 2019, the Police and DSW officers with IJM’s assistance rescued these six survivors and arrested the two boat masters at Yeji Abenwaa.
Bench Warrant, Jumping Bail and Delayed Trial
Due to the continued absence of the 1st Accused which was among other things prolonging the trial, a bench warrant was issued in December 2019 for him. In March 2020, the accused jumped bail but were later rearrested. When they reappeared before the court in January 2021, the accused persons cried before the court of ill-health and inability to understand the Twi language, as they spoke only Dangbe. The court observed that the 1st Accused was old and unwell. In addition to their request for a lawyer, the case was adjourned to February 9, 2021. From that time, the accused persons never appeared in court again.
Surmounting the Challenges: Unrelenting Justice Personnel
In spite of the many challenges the case was beset with, the determination of investigators, state attorneys, the police and the court to deliver justice ensured some positive results.
The State Attorneys put in an application to try the case in absentia of the accused persons and same was granted. The hearing continued till the prosecution closed its case. Also after 11 months of disappearing, the police with the support of IJM rearrested the 1st Accused, On December 22, 2021. He then engaged the services of a new lawyer and the case was set rolling.
Innovative Solutions: Block Trial and Virtual Hearing
The survivors had to travel 9 hours to court for each court trip. Many of them suffered motion sickness and they all had to miss school for many days as a result. The State Attorneys applied for a virtual hearing and was granted. This helped the children by lessening their trauma, but it didn’t hasten the progress of the case. Thus a block trial was applied for and same granted. The adoption of the block trial, where the court dedicated successive days to hearing this case exclusively, was novel and expedited the hearing process.
A Judge’s Heartfelt Sentiments
His Honour Sylvester Ablorh in his closing statement intimated that this was one of the saddest sentences he had given since some of the victims were grandchildren of the 1st Accused. “But as the Prosecution was able to establish the guilt of the accused persons beyond a reasonable doubt, the accused persons had to be punished so that other perpetrators could be deterred”, he remarked.
A Case For System Reform
All stakeholders: the judge, the state attorneys, the court clerks, investigators and police were instrumental in ensuring the success of this process.
As a result of this trial, a case has been made for subsequent block trial hearings for human trafficking and other offences as well as virtual hearings which would create an efficient and effective justice system because cases would be resolved speedily. This will reduce the backlog of cases.
Survivors’ Current State
Two of the survivors have been reintegrated with a close relative and the other four are in a private shelter awaiting reintegration.
