Samuel Ofosu-Ampofo
A forensic examination conducted on the leaked audio tape of the National Chairman of the opposition NDC, Samuel Ofosu-Ampofo, confirmed it was indeed the NDC guru’s voice on the tape.
The examination, which was carried out by the Israeli Forensic Science Institute, was to compare the controversial tape to another voice recording of the NDC guru when he addressed supporters of the party at the Police Headquarters in Accra after he was granted police enquiry bail.
According to the report, there is 90 per cent probability that the voice of Mr. Ofosu-Ampofo on the tape addressing the party faithful is the same as the voice on the leaked tape.
The report also indicated that “There is also 85 per cent probability of coincidence of speech features and defects.”
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 allegedly planned 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, while on the other hand, Mr. Boahen is facing a count of conspiracy to cause harm.
In Evidence
The tape was tendered in evidence by the Director of Public Prosecution (DPP), Yvonne Atakora-Obuobisa, through the case investigator, Detective Chief Inspector Bernard Berko.
The over two hours tape which was recorded at a meeting of NDC communicators somewhere last year or so, had Mr. Ofosu-Ampofo telling the party members to make life uncomfortable for the targeted persons who included the chairpersons of the EC and National Peace Council (NPC).
The leaked tape also detailed how the party would approach campaign strategies, including what he described as ‘overt’ and ‘covert’ operations in the wake of the disturbances that characterized the Ayawaso West Wuogon bye-election last year.
“I want to assure you that so long as I remain the leader of our party, my approach to elections and security has completely changed… and we need to marshal all the human and material resources,” Mr. Ofosu-Ampofo stated when he took his turn to address the party faithful as captured on the tape.
Forensic Examination
Continuing his evidence in Chief, Chief Inspector Berko told the court that the leaked tape together with the audio recording of Mr. Ofosu-Ampofo addressing the NDC faithful which he obtained from TV3 were forwarded to the Israeli Forensic Science Institute for examination to ascertain the accused voice.
He said after giving the scope of the examination to the institute he continued to communicate with the expert who worked on the tapes in the person of Alex Ranev, Head of Forensic Media Section.
Chief Inspector Berko continued that after receiving the report and going through it, he called the experts for clarification and explanation of the content of the report.
Preliminary Objection
There were objections to an attempt by the DPP to tender the report in evidence as defense counsel argued that the witness would not be able to speak to the technical details and processes that went into generating the report since he did not generate it.
But the court presided over by Justice Samuel Asiedu, a court of appeal judge sitting as an additional high court judge, overruled the objection on ground that the court was satisfied that the witness had given foundational evidence and caused the preparation of the report.
He said although the report was not authored by the witness, it was authored for the witness as a police investigator and made him a proper person under the Evidence Act to tender such report in evidence.
Report
Chief Inspector Berko said per the report there was 90 per cent probability of the voices on the two audio recordings being the same, and added that “there is also 85 per cent probability of coincidence of speech features and defects. It was explained to me that the pronunciation of certain words like ‘people’, ‘officer’ and ‘police’ were pronounced same. Even though both recordings were done in different modes, they were able to carry out the examination and arrived at the conclusion.”
“After establishing that there was enough evidence against A1 and A2, I was instructed to charge them to appear before court,” he added.
Boahen’s Alibi
Chief Inspector Berko also told the court that while the matter was in court, Mr. Boahen pleaded an alibi that he was in Bomfa Achiase in the Ashanti Region on February 3, 2019 when the said meeting was held at the NDC Headquarters in Accra.
He said on May 11, 2019, he together with then Chief Superintendent of Police, Baffuor Apenteng and William Ofosuhene proceeded to Bomfa Achiase for enquiries.
He said he spoke to the witnesses the accused person mentioned in the accused’s alibi.
“Another witness by name Comfort Serwaa Fosu, the biological mother of A2 (Mr. Boahen) also gave statement to the police. She said on February 2, 2019 herself together with A2 and others went to Bomfa Achiase to attend a funeral. That as at 6:30pm they left Bomfa Achiase for Ejisu same day where they spent the night. She further stated that on February 3, 2019 she was with A2 from morning till 2:00pm when A2 left for Accra. She said A2 didn’t go back to Bomfa Achiase on the February 3,” he said.
He continued that “Another witness by name Stephen Oppong also told police that on the Saturday February 2, 2019 he was with A2 at a funeral. And that even on Sunday, February 3, as at 6:30pm he was with A2 at Bomfa Achiase.”
Again, Chief Inspector Berko told the court that Boahen also stated in his alibi that on February 3, 2019, he had spent the night at Marigold Hotel at Santase in the Ashanti Region.
He said he extended his investigations to the hotel where he met the manager who told him that he (manager) was on duty on February 3, 2019 the whole day but the accused person never came to the hotel.
He said he also went to Bia Lodge where the accused person said he had been on February 3, 2019 but the manager of the lodge stated that Boahen had come there one morning to visit someone but he could not recall if it was on the said date.
The investigator also told the court that the accused mentioned in his alibi that on February 4, 2019 he was at Opoku Ware School and he followed up on that and it turned out to be true.
The DPP attempted to tender the report on the alibi but Mr. Lithur said he was not given a copy and the court adjourned the matter to January 11, 2021 for continuation.
BY Gibril Abdul Razak