Charles Pouzing with Amoateng
Eric Amoateng, former New Patriotic Party (NPP) Member of Parliament (MP) for Nkoranza North, yesterday walked a free man when an Accra circuit court acquitted and discharged him over a charge of possessing a fake Ghanaian passport.
The court, presided over by Ellen Vivian Amoah, held that the prosecution failed to prove the Mens Rea (criminal intent) of the accused person in the case.
Unproved Mens Rea
According to the high court judge sitting with additional responsibility as a circuit court judge, the prosecution could not prove that Amoateng knew he was in possession of a fake passport.
Justice Amoah stated that although the prosecution witnesses argued that the passport of the former MP had been altered and that it was purportedly not signed by the officer designated to do so, they could not determine that by just looking at it.
In the view of the high court judge, in law when doubt rears its head, it inures to the benefit of the accused, adding that “The accused is acquitted and discharged.”
‘I’m Free’
Amoateng, spotting a brown suit with a stripped light blue long-sleeved shirt and a flying tie to match, beaming with smiles, stepped out of the dock yelling, “I’ m freeeee!.”
The trial, which drew about five prosecution witnesses, had travelled since the arrest of Amoateng in 2014 by security officials on arrival from the United States on board Delta Airlines.
The accused – a teacher and farmer – spent over seven years in the United States of America (USA) where he was jailed in connection with heroin-related offences.
In Ghana, Amoateng was charged with possessing a forged passport which had the number of a passport issued to a lady.
The passport Amoateng used in flying back to Ghana was originally issued to one Barbara Inkoom with No. H2347080.
The travel document was issued in Accra on February 23, 2009, according to sources, at the time the former MP had been incarcerated.
The accused, who denied any wrongdoing, was represented by Charles Pouzuing.
Background
The facts of the case as presented by the then DSP Aidan Dery, are that the accused person is the former MP for Nkoranza who on December 9, 2005 went to the United States of America.
He said on December 11, 2005 Amoateng was arrested and tried in connection with some heroine business and sentenced to ten years in the US.
According to him, on August 7, 2014 the suspect returned to Ghana on Delta Airlines using passport number H 22347080.
The police officer said investigations revealed that the passport was issued to a certain lady called Barbara in 2009 at the time he was in prison and had its bio-data tampered with, adding that it was therefore a forged one.
By Jeffrey De-Graft Johnson
jeffdegraft44@yahoo.com