After filing a libel suit against the former publishers of The Statesman, Kinesic Communications Ltd, and the paper's Editor-in-Chief, Asare Otchere-Darko, nearly four years ago, Tony Aidoo, former Deputy Defence Minister, finally had his day in the dock on Tuesday. During the trial, his lawyer had to stop him on a few occasions from introducing issues that were not in pleading.
He is suing the two defendants over a publication of October 2003 that he was "deported" from the United Kingdom for breaching that country’s immigration rules.
Dr Aidoo told the court that when he read the publication, "In fact I was very very traumatised." This inspired spontaneous laughter in Court 20 at the Beach Road High Court, Accra.
Continuing, Dr Aidoo said not only was he traumatised "by the falsehood but also by subsequent events. My last daughter is My Lord perhaps my greatest fun. She made sure that every time I'm in the UK she calls all her friends to come and see her famous father," he said. In the trial which continues today (Wednesday), the former head of research for the National Democratic Congress told the court that in December 2003 he had to incur extra cost to acquire another UK visa, "buy a ticket to just go and prove to my family that I was not deported."
He is demanding "punitive damages for the sheer audacity of concocting falsehood to impugn my reputation, traumatise my family and engage me on an unnecessary expenditure." Sealing the plaintiff's mouth for cross-examination today, defence counsel Nana Bediatuo Asante asked Dr Aidoo, "You are aware that sheer audacity does not give right to damages?"
"That's a matter of law for the court to decide," Dr Aidoo said.
Earlier, he told the court that he went to the UK on 23rd August 2002 "initially for a respite and more or less to deal with my family."
When the judge sought clarification, Dr Aidoo, said he meant a holiday with his wife and family he had not seen "for quite some time."
He told the court he went on a visitor's visa. "I had a multiple 3-year return visa in my passport."
Tendering his Ghanaian passport in evidence, Dr Aidoo added, "The date of the visa was 20 June 2001 to 20 June 2003. I had a valid visa."
However, while in London he said, "I was in the middle of preparations to return to Ghana when the former President Jerry John Rawlings called me with a request that I accompany him to Moscow, Russia. After agreeing, I then realised that, I think three days later, that the date of the trip and my return would mean my visa would expire while I was in transit. The visa was due to expire on 20 June 2003. The trip was scheduled for 15th June. Therefore my return to the UK would have faced some difficulties."
He explained what he did next: "I went to the British Home Office in Croydon and put in a request for an extension of the visa. I explained the reasons for the extension. One was this trip, the other was that I'd just been offered a place at the Lincoln's Inn and the London College of Law to read for the Bar."
He said he applied to the College of Law in December 2002.
He stressed that he was never deported from the UK, there was no deportation stamp in his passport and that he never overstayed his permit. "I left the UK voluntarily."
"I applied for an extension of my visa at least two weeks before I overstayed."
He said he left the UK because "my application was rejected."
He said he was told to appeal, which he did on June 17, 2003, but left a few days after and could therefore not wait for the results.
He tendered in evidence the refusal letter dated 16 June, 2003.
