Africa-Press – Ghana. Mr Tony Lithur, Defense Counsel for Mr Samuel Ofosu Ampofo, National Chairman for the National Democratic Congress (NDC), says the third prosecution’s witness has no evidence that the accused persons plotted against the public officers in the ongoing trial prior to their meeting.
In cross-examination, Mr Lithur told the Commercial High Court One trying the matter that, “So if I understand you, you have no evidence whatsoever that, either Mr Ofosu Ampofo (A1) or Mr Kwaku Boahen (A2), had hatched such a plan prior to the meeting. Correct?”
Chief Inspector Bernard Berko, the investigator as well as the witness answered no.
“And you have no evidence that A1 and A2 had planned to meet at that meeting,” the Counsel stated with Mr Berko answering, “No”.
He further stated that: “It will be safe, therefore, to say that your reasons for saying that A1 (Ofosu Ampofo) and A2 (Boahen) have hatched the plot you claim they did was among others that they were in the same group on that day. Correct?
“It was at that meeting that the plan was made,” the prosecution witness answered.
Mr Lithur questioned: “As I understand you, that even though you have a transcript of the meeting, A2 did not utter a word at the meeting but the witness said: “A2 had stated that he was part of the meeting, and he supported the plan.”
‘From your own exhibit D and from any other investigation that you may have carried out did A2 (Boahen) speak at the meeting where you claim the plot was hatched?”
Witness: “I didn’t hear him but that does not mean when you support the idea to commit a crime, you cannot be charged for a crime to stand before the court.”
Defense Counsel “You have exhibited the transcript of the meeting at which he said the plot was hatched as exhibit D. Is it your case that, at that meeting, a plot was actually hatched?”
Prosecution witness: “It was at the said meeting that they planned to put others’ lives in danger and also to take the Chair of EC and Peace Council to the cleaners was made.”
Mr Lithur asked: “In your earlier testimony, on Nov 1, 2021, you stated that A2 (Boahen) was charged because he was part of a plot, did you at any time see or hear A2 plotting against anyone?”
“My lord, in an open interview, on Dwaso Nsem on Adom FM, A2 said, he was part of the meeting where the plot was made and he totally supported whatever A1 said,” the witness explained.
“What do you mean by a plot? the lawyers asked, and the witness said: “A plan to cause harm to some other people. A plan to take the Chair of the Electoral Commission (EC) and the Peace Council to the cleaners.”
Mr Ofosu Ampofo and Mr Boahen are standing trial for conspiracy to cause harm.
Additionally, Mr Ofosu Ampofo, is facing an assault charge for allegedly inciting NDC communicators against public officers – Chairpersons of the National Peace Council and Electoral Commission.
They have both denied the offences and are on a GH¢100,000.00 bail with a surety each.
The prosecution had earlier told the Court presided over by Justice Samuel K. Asiedu, a Court of Appeal Judge, with additional responsibility as a High Court Judge, that the accused persons had been captured in an audio recording of the proceedings of a meeting on February 3, 2019, planning a roadmap of criminal activities targeted at the Chairperson of the Electoral Commission (EC) and the Chairman of the National Peace Council, among others.
The meeting was held after January 31, 2019, Ayawaso West-Wuogon by-election, which turned violent following a clash between some National Security operatives and supporters of the National Democratic Congress suspected to be vigilantes.
The audio recording was played on some radio stations and according to the prosecution, the Criminal Investigation Department of the Police Service later intercepted the tape.
The prosecution said Mr Boahen had confirmed being at the said meeting and confessed on a radio station that the information on the tape was true.
The trial has been adjourned to March 16, 2022.
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