Detective Chief Inspector Bernard Berko, who was under cross-examination by Ofosu-Ampofo’s Lawyer, Tony Lithur insisted he ‘did not know who recorded’ the audio when he was queried about the individual behind the voice recording.
He was then questioned on the possibility of the source of the tape being a National Security Operative for which he maintained his position of not being aware.
“So that recording could have been made by a National Security operative. Could it not? The lawyer asked, and the witness replied, “I don’t know who recorded it.”
Detective Chief Inspector Berko who is the third prosecution witness in the case during cross-examination by the defendant’s lawyer was mostly questioned about the venue of the alleged meeting between NDC Communicators, the purpose of the meeting, the person who recorded the meeting, and whether the attendees consented to be recorded.
The witness was asked whether he was able to establish through his investigation the location of the said meeting and the Chief Inspector told the court that his investigations showed the meeting took place at the National Headquarters of the NDC at Adabraka in Accra.
The lawyer then suggested to the witness that the said meeting could not possibly be opened to the public for which anyone would have had the permission to record the proceedings but the witness maintained that he was not in the position to confirm or deny.
“So that recording could have been made by a National Security operative. Could it not? The lawyer asked, and the witness replied, “I don’t know who recorded it.”
The witness and lawyer for the defendant then engaged in a back and forth questions and answers which is transcribed by Daily Guide below:
“You are aware, are you not, that the so-called recording of the meeting was secretly done without the knowledge and or consent of the participants? The lawyer asked, and the witness said, “I cannot confirm or deny that one.”
Lawyer: I am suggesting to you that if you conducted a thorough investigation, you would be able to confirm or deny whether or not the recording was secretly made without the consent or the authority of any of the participants.
Investigator: The case was extensively investigated. But as to whether it was recorded with or without the consent of A1 (Ofosu-Ampofo), I cannot tell.
Lawyer: What about the others at the meeting? Would you be able to say from your so-called thorough investigation whether or not they consented to be recorded?
Investigator: No, my lord.
Lawyer: I am suggesting to you that nobody at the alleged meeting consented or would have consented to being recorded on a sensitive matter as described by the moderator at the beginning of the meeting.
Investigator: My lord, I cannot confirm or deny that fact.
Lawyer: To date has anybody come forward to you to say that he was at that meeting and had consented or authorized the recording of the said meeting to be made?
Investigator: No, my lord.
The investigator before the cross-examination by the defendant’s lawyers had ended his evidence in chief by tendering in evidence on report investigations pleaded by Anthony Kwaku Boahen who has been charged together with Mr Ofosu Ampofo.
Mr Sameul Ofosu Ampofo and Mr Kwaku Boahen are being trailed over a leaked tape in which the NDC was addressing a meeting to allegedly plot insecurity in the country by committing crimes that will be eventually blamed on the ruling New Patriotic Party.
The modus operandi in the plot includes kidnappings, arson, and verbal attacks on public officials like the then Chairman of the NPC, Prof. Emmanuel Asante, and EC boss, Jean Mensa.
Chairman Ofosu-Ampofo on the said tape made threatening statements which prosecutors said breached the criminal code.
Mr. Ofosu-Ampofo has been charged with one count of conspiracy to cause harm and two counts of assault against a public officer while Kwaku Boahen has been charged with one count of conspiracy to cause harm.
NDC National Chairman, Samuel Ofosu-Ampofo