Samuel Ofosu-Ampofo
The trial of National Chairman of the National Democratic Congress (NDC) Samuel Ofosu-Ampofo and a communications officer of the party, Kwaku Boahen continued yesterday with a cross-examination of the case investigator.
Tony Lithur, counsel for Mr. Ofosu-Ampofo continued the cross-examination of Chief Inspector Bernard Berko, regarding the meeting at which some statements were made which has brought the accused persons on trial.
The lawyer queried the witness why he did not invite those other persons who attended the meeting, particularly Alfred Ogbamey and Minority Leader, Haruna Iddrisu as part of the investigation.
Mr. Lithur asked the witness whether he heard the moderator at the meeting speak, but Chief Inspector Berko replied that, “I heard some other voices but I do not know who was the moderator.”
The lawyer then asked the witness whether he, as part of his investigation, found out from Alfred Ogbamey who the moderator was.
“I did not invite Alfred Ogbamey because after listening to the audio I found out that he will not add any other information to what I already have,” the witness responded.
“As an investigator, do you only invite persons who you suspect commits offence as part of your investigations or would you invite witnesses or those who you think may be witnesses to the commission of the crime you are investigating,” the lawyer queried again.
“I only invite people or witnesses that can shed more light on the case being investigated and who can also assist me unravel the truth,” the witness replied.
Mr. Lithur then asked the witness whether he heard Haruna Iddrisu speak extensively on the leaked tape, and the witness said he did hear the MP speak on communication strategies and said it did not constitute an offence and, therefore, there was no need to invite him.
The lawyer then followed up that would Haruna Iddrisu not be a material witness in the circumstances where the investigator himself had indicated that the accused persons were not forthcoming with information when they were invited to the CID headquarters.
“I said I had gotten enough information and there was no need to invite him,” Chief Inspector Berko responded.
“So if I understand you, it would be safe to say that in your considered opinion as an investigator, the mere fact that someone attended the meeting at which the alleged offensive words were said did not constitute an offence, true,” the lawyer pushed.
“That is so. My lord A1 (Ofosu-Ampofo) and A2 (Boahen) are in court because they conspired to commit those offences,” the witness answered.
“Would I also be right to conclude that in your considered opinion as an investigator, the mere fact that someone attended the meeting at which the alleged offensive words were said and spoke at the meeting did not constitute an offence,” Mr. Lithur further asked.
“That is so. That is why all the people who attended the meeting are not before court,” Chief Inspector Berko answered.
Meanwhile, the case investigator has insisted that Kweku Boahen agreed with Ofosu-Ampofo to commit the offences for which they were put before court.
This was after Mr. Lithur asked him to go through a transcript of an interview Mr. Boahen granted Accra based Adom FM after the tape was leaked.
The witness after reading portions of the transcript told the court that, “This is a plot to commit an offence. A2 (Boahen) was interviewed, the tape was played to him and he said everything A1 (Ofosu-Ampofo) had said is acceptable to the party people and they appreciate it.”
Hearing has been adjourned to December 7 for continuation.
Trial
Mr. Ofosu-Ampofo and one of the party’s leading communicators, Anthony Kwaku Boahen, are on trial over the tape which captures how the opposition NDC is allegedly planning to commit crimes in the country and turn round to blame them on the ruling New Patriotic Party (NPP).
Among the strategies were the creation of a general state of insecurity in the country through kidnappings, arson and verbal attacks on public officials like the Chairman of the NPC, Prof. Emmanuel Asante, and EC boss, Jean Mensa.
Mr. Ofosu-Ampofo has been charged with one count of conspiracy to cause harm and two counts of assault against a public officer.
Mr. Boahen, on the other hand, is facing one count of conspiracy to cause harm.
BY Gibril Abdul Razak