Prosecution tightens noose on Ampofo as court accepts Israeli report on leaked tape
The Accra High Court has quashed an attempt to stop it from accepting an Israeli report of Ofosu Ampofo’s leaked tape.
The defence team of Samuel Ofosu Ampofo, had objected to the inclusion of the report from the Israel Science Forensic Institute, arguing the report was not credible enough for a witness to base his testimony.
The prosecution was trying to tender the report from the Forensic Institute which would allow the witness to testify on.
It was the view of the defence counsel that since the witness was not the one authored the content of the report, he would be unable to speak to the technicalities and processes that went into the report.
Tony Lithur who led the defence counsel insisted that the report was not emanating from proper custody, and therefore, should be rejected.
The counsel for the second accused person associated himself with the submissions of Mr Lithur.
The prosecution, however, objected, on grounds that from the examination, it is clear the witness (Police Investigator, Bernard Berko) only directed what work should be done with the audio.
“It is clear he only directed what work should be done and received the report which he can speak to once it’s in evidence.
“We can see from the chain of custody where the report is concerned has not been broken, it is therefore coming from proper custody and is relevant and should be admitted,” she argued.
The court, presided over by Justice Samuel Asiedu, sided with the prosecution, led by Director of Public Prosecution, Yvonne Atakorah Obuobisah.
“The court is satisfied with the prosecution’s stance. The report the witness wishes to tender in evidence, together with the other audio was taken to Israel for analysis, the witness did not alter the report or recording.
“The court holds that there is really no merit in the objection of the report, the objection is overruled and accepted as exhibit G,” Judge Asiedu ruled.
Background
Mr Ofosu-Ampofo and the NDC’s Communications Officer of the party, Anthony Kwaku Boahen, are standing trial for conspiracy to assault a public officer and conspiracy to cause harm.
In a widely circulated audio, Mr Ofosu-Ampofo is allegedly heard inciting party communicators to assault public officials and plotting to harm some other civilians – allegations he has vehemently denied.
In the audio, apart from inciting the party’s communicators, he is also heard urging them to discredit the Chairperson of the Electoral Commission, Jean Mensa, who replaced a Mahama appointed EC boss, Charlotte Osei.
According to the audio, the plan was to create a general state of insecurity in the country through kidnapping, as well as verbal attacks on the Chairperson of the EC.
Ofosu Ampofo maintains innocence
Ofosu Ampofo, who described his trial as a political witch-hunt, minced no words by stating that he knows those behind his misfortunes.
The former Local Government Minister insisted that his arrest and subsequent trial is borne out of mischief and an attempt by his detractors to frustrate his effort as national chairman of the largest opposition party.
Ofosu Ampofo has refused to give out the names of the said detractors but promised to reveal it in due time.
The NDC Chairman believes he will bounce back stronger as he has learnt useful lessons with the ongoing trial.
Legal counsel for the embattled National Chairman, had argued that the audio recording of their client was a breach of his privacy.
The defence team led by Tony Lithur had filed an application asking an Accra High Court to stop the state from presenting a leaked audio recording as evidence of his client’s alleged crime.