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First prosecution witness in the case of the Republic versus Samuel Ofosu-Ampofo and another, Benjamin Osei Ampofo Adjei, a staff of Multimedia Group (Adom FM), says he stands by his witness statement which has been adopted by the Court because after reading same, he can confirm that it captures exactly what he told the police.
The prosecution witness took this position when he answered questions under cross examination by lawyers of the accused persons.
The witness of the state was used by the prosecution team to tender an audio recording in which the second accused person is heard confirming to the interviewer that the alleged leaked audio recording of the National Chairman of the National Democratic Congress (NDC), Samuel Ofosu-Ampofo is truly the voice of the first accused person and that it was a meeting between Mr. Samuel Ofosu-Ampofo and members of the communications team the NDC.
He further indicated that the NDC identifies with the submissions of their National Chairman in the alleged leaked recording and agree with same without any reservations.
During the cross examination, Lawyer Tony Lithur sort to discredit the witness as well as the audio recording that has been tendered.
Tony Lithur asked the witness, “are you suggesting to this Court that the first time you yourself listened to this tape was during the programme?
The witness answered, "Yes my lord”.
“After the programme, did you subsequently hear that tape or similar tapes circulating elsewhere”?
The witness answered saying, “yes my lord, I heard a number of radio stations playing it”.
Lawyer Tony Lithur further asked, “In hearing those radio stations play those tapes, can u tell the court whether you noticed if there where different versions of the tape?"
“No my lord, the only difference I noticed is that it is a long tape but some of the stations played only portions of it” the witness stated.
The defence lawyer further suggested to the witness that “there was in circulation different versions of the tape?"
“My Lord, that I am not aware” the witness answered.
“Because you said during your testimony that you hadn’t read what was sent to you to sign. It will be fair to say you do not stand by what you signed, true?" Lithur suggested to the witness.
“No my lord. I stand by it since I have read it and they are indeed what I said to the police” the witness Benjamin Osei Ampofo Adjei, said.
Absence of first accused person
The National Chairman of the National Democratic Congress (NDC) Samuel Ofosu-Ampofo, was today absent from Court. He however informed the Commercial High hearing his case that his doctors have instructed him to take a ten (10) day bed rest for which reason he is unable to attend Court.
His lawyer, Tony Lithur, who was expected to cross-examine the first Prosecution Witness of the State, Benjamin Osei Ampofo Adjei, a staff of Multimedia Group (Adom FM) today the 12th said in Court that his preference would be to have the case adjourned so his client can be Court to participate in proceedings.
Justice Samuel Asiedu, a Justice of the Court of Appeal sitting with additional responsibility as a High Court Judge, acknowledged receipt of the excuse duty of Mr. Samuel Ofosu-Ampofo but indicated that the cross-examination of the first Prosecution Witness can continue in the absence of the first accused person.
After the cross examination of the first prosecution witness, the court discharged him and adjourned sitting to the 18
Two NDC officials have been charged with three courts of conspiracy to cause harm contrary to section 23 (1) and 69 of the Criminal and Other Offences Act 1969 (Act 29), Assault on public Officer contrary to section 205 of the Criminal and Other Offences Act 1969 (Act 29), in respect of the infamous leaked tape and are being tried at the Commercial Court in Accra presided over by Samuel Asiedu.
The tape is said to have captured how the NDC is allegedly planning to commit crimes in the country and lay blame for same on the ruling New Patriotic Party (NPP). Amongst the alleged strategies are the creation of a general state of insecurity in the country through kidnappings and arson, and verbal attacks on public officials like the Chairman of the National Peace Council, Prof. Emmanuel Asante, and the Electoral Commission chair, Jean Mensa.
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