Tevie and Baffoe-Bonnie
The trial of the immediate-past Board Chairman of the National Communications Authority (NCA), Eugene Baffoe-Bonnie and four others took a new twist yesterday following a request by the prosecution to hear the matter in camera because of national security concerns.
The state was expected to call its third prosecution witness to testify in the trial of Mr. Baffoe-Bonnie and four others who have been accused of conspiring to cause financial loss to the state.
However, the prosecution, led by Yvonne Attakora-Obuobisa, told the court that the next witness from the National Security Secretariat would speak to matters that border on national security.
She, therefore, prayed the court to clear the court with the exception of the accused persons, defence lawyers and the prosecution for the trial to continue.
However, the defence lawyers opposed the application of the prosecution, claiming they had been taken by surprise.
Private legal practitioner, Thaddeus Sory, who represents Mr. Baffoe-Bonnie, averred that the state should have consulted the defence lawyers over the application.
He averred that the prosecution should have filed an application supported by an affidavit for the court to rule on it.
Making reference to Article 135 of the 1992 Constitution, he said it’s only the Supreme Court that can decide whether or not documents bordering on national security could be disclosed.
Other defence lawyers shared similar sentiments, adding that the DPP cannot rely on Article 19 Clause 15 of the Constitution since it does not make any reference to national security.
Naval Captain (Rtd) Baafour Assassie-Gyimah, lawyer for Alhaji Salifu Mimina Osman, a former deputy National Security Coordinator on the NCA Board, on his part, stated that although he shared the sentiments of his colleagues, he would not object to the application.
He stated that after going through the witness statements given to them by the prosecution, there was nothing bordering on national security.
The DPP, Attakora-Obuobi, in response, disclosed that the prosecution had complied with all the provisions of Article 15 which deals with fair trial.
She said she does not understand the basis of the objections, as the accused persons would be ably represented by their counsel and they would have the opportunity to cross-examine the witness.
She said her application has nothing to do with Article 135 as suggested by the defence counsel.
“Prosecution is not holding on to any official document which it’s refusing to disclose for which we should be referred to the Supreme Court to be ordered to produce. We are not referring to Article 135. We are willing to go ahead with the trial. All that we are asking is that PW3 is a national security person and would disclose matters which will border on the security of the state and public safety and so must be allowed to disclose this evidence to the hearing of the court, the accused persons and their lawyers only,” Mrs. Attakora-Obuobisa added.
The court, presided over by Justice Eric Kyei Barfour, after listening to the arguments of both the prosecution and the defence, relied on Clauses 14 and 15 of Article 19 of the Constitution to clear the court with the exception of all accused persons, prosecution lawyers, defence lawyers and the witness.
He dismissed assertions by the defence that hearing the matter in camera would infringe on the fundamental human rights of the accused who would be present during the proceedings.
“If anything at all it is only the public that because of the overriding interest of national security will not have the privilege of watching the evidence of the next witness.”
“There is nothing on the face of this application that situates it to article 135 for it to be referred to the Supreme Court,” Justice Barfour added.
The immediate-past Board Chairman of the NCA, Eugene Baffoe-Bonnie, together with William Mathew Tetteh Tevie, former Director General of the NCA; Nana Owusu Ensaw, a former chairman of finance sub-committee of the NCA; Alhaji Salifu Mimina Osman, a former National Security Coordinator on the NCA Board, as well as a private businessman, George Derek Oppong, Director of Infraloks Development Limited (IDL), have been accused of conspiring to cause financial loss to the state.
They are before the court for allegedly creating, looting and sharing a staggering $4 million among themselves under the guise of procuring a Cyber Surveillance System which they claimed was to be used for anti-terrorism activities in the country.
By Gibril Abdul Razak