• Prosecution star witness armed with evidence of recordings
• Defense counsel says the permission of accused persons were not sought
Counsel for the ten accused persons standing trial for high treason has asked an Accra High Court to strike out recordings presented in the case as evidence by the prosecution lead witness.
The defence lawyers have pointed out variations in key aspects of the evidence including the over 70 videos, dates, times, places and situations as a basis for their demand.
They cite that whilst the time on the recordings indicated 2013, the alleged offence occurred between 2018 and 2019.
According to the GNA, Victor Kwajoga Adawudu, who is counsel for four of the accused persons, argued during sitting that prosecution breached the constitution as they did not secure a court warrant before conducting secret recordings on his clients.
He further argued that the recordings violated the fundamental human rights of his clients as they were obtained in violation of their rights stating that they were secretly recorded.
According to the counsel for the accused persons, some of the contents in the recording were irrelevant to the matter insisting that no permission was sought from his client before the recordings were conducted.
“The various recordings, he said, which talked about different roles played by some of the accused persons must be separated and analysed differently and not to be put together on one hard drive as done by the prosecution, saying that every bit and piece must meet the admissibility criteria,” the GNA reported.
In associating himself with the submissions of lawyer Adawudu, Counsel for Johannes Zipki, lawyer Anthony Lartey, also questioned the authenticity of the recordings saying it had been tampered with and manipulated through editing or alteration. He further questioned the originality of the tapes saying they were not the raw unedited version of what was allegedly recorded by the witness.
He notes that the prosecution was duty-bound to produce the original, unmanipulated, unedited recordings whereas the Court was also entitled to examine the original recordings to guarantee its admissibility. He further stressed that those before the Court must be rejected in the interest of justice.
Another defence lawyer, Bede Tuuku, who is counsel for Lance Corporal Ali Solomon associated himself with the objections raised while stating that the exhibits sought to be tendered in court were not from proper custody, saying that Staff Sergeant Awarf was not even privy to the content because he only sent the recordings to Colonel Amponsah, (in charge of the Military Academy Training School and first prosecution witness in the case) who in turn downloaded and accessed the contents without him (Sule) knowing the content.
All other remaining defence lawyers associated themselves with the submissions made by their colleagues demanding that the evidence be rejected by the court.
However, the Director of Public Prosecution, Yvonne Attakorah Obuobisa prayed the court to admit the recordings into evidence stating that the prosecution's case will be thrown into jeopardy if the evidence is not accepted.
The prosecution emphasised that the recordings were relevant and must be admitted and argued that right to privacy could not be said to be absolute as it can be infringed in the interest of the state.
“The DPP argued that the information was original and was not recorded in 2013 but between 2018 and 2019, it was procured by the Ghana Armed Forces and the original date was the same registered when it was first used.
“With the authenticity, she said the chain of custody had not been broken which made the recordings original, witnesses identified them as well as Staff Sergeant Awarf having knowledge of the contents,” the GNA reported.
The accused persons in the ongoing trial are Dr Frederick Yao Mac Palm, Donyo Kafui, alias Ezor, Bright Alan Debrah, alias BB, Johannes Zikpi, Colonel Samuel Kojo Gameli, Warrant Officer Class Two Esther Saan, Corporal Seidu Abubakar, Lance Corporal Ali Solomon, Corporal Sylvester Akanpewe, Assistant Commissioner of Police Benjamin Kwasi Agordzo.
They have been charged for various offences such as conspiracy to commit crime, high treason, abetment of crime and possession of arms.
They have denied the charges and are being tried by a three-member-judge panel.
Some of the accused persons