If I invite you to come with your lawyer, you are suspect –Special Prosecutor

The Special Prosecutor, Kissi Agyabeng, has provided insights into the different approaches taken by the office when inviting individuals for investigations.

The OSP went on to explain that the presence of a legal representation in a directive to show up in his office is an indication that the individual is a suspect rather than a whistle-blower.

He said this in reaction to media reports on the invitation and subsequent arrest of Professor Kwabena Frimpong-Boateng in connection to an investigation being carried out by his office.

Speaking on Joy News’ NewsFile programme and monitored by GhanaWeb, Kissi Agyebeng indicated that, “The Office of the Special Prosecutor is the conscience of the nation so when we sit, we look at everyone in the same manner. The nature of how you come to us is very crucial and it’s very important. If you are my confidential source or my whistleblower, there is a way I will contact you. There is a way I will invite you."

"When individuals are summoned as suspects, the OSP clarified that they are directed to appear for interviews, indicating the specific subject matter under investigation. The specific address and time are provided in the invitation. The person is informed of their rights, including the option to bring legal counsel," he stated.

“There is a way I will talk to you because I need information from you. But if you are appearing before me as a suspect, there is also a way. I do not invite you; I direct you to show up because it is a criminal investigation, and you are directed to show up and, in that direction, you are specifically told what we are investigating and the subject matter of what we are investigating and then in the direction for you to come. We tell you that you are a person considered necessary for the investigation and there is a specific direction for you to show up at a specific address for the interview. Then you are told of your rights. That you may come with a counsel of your choice,” he said.

“Now if I see you as a whistleblower, I consider you as a confidential source, I will not be telling you that when you are appearing before me, come with your lawyer. Why will you need a lawyer if you are coming to me with some information which I may be interested in, but immediately I tell you that you are directed to show up and then come with a lawyer, then you should know that you are a suspect and that is what goes to everyone who appears us in that scheme of affairs,” he added.

On May 16, 2023, the then Chairman of the Inter-Ministerial Committee on Illegal Mining (IMCIM) was invited by the Office of the Special Prosecutor in connection to some corruption-related offences while he was the head of the committee.

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