NRC "The truth and lies"

Dear Sir,

RE: EVIDENCE OF L/CPL. SAMPSON DARKWAH

I watched the testimony of L/Cpl. Sampson Darkwah on television and read parts in the Daily Graphic and the Ghanaian Times. The witness told the Commission that he was tried between 8pm-2am and that it was only on the Day of Judgment that the judgment was delivered in the morning.

He further told the Commission that as he was being tried in the night, gun shots were being fired from the Castle and George Agyekum said they should listen and that the same fate would befall them.

In fact, I am lost for words by the vicious and malicious nature of this evidence. CASE NO. 26/83 THE PEOPLE VRS CAPT. EDWARD ADJEI AMPOFO AND 8 OTHERS is the case in point. The accused were tried in the day and in public, during the normal working times of the Tribunals i.e. 9am- 5pm, the truth is easily verifiable . The general public was in attendance and the media also covered the trial. There were several independent persons who could also be contacte! d if the Commission is interested in finding out the truth.

Some of the Journalists who covered the trial were, for the Daily Graphic, Ms. Akwele Ajavon and Mr. Kofi Yeboah Agyemang, Ghanaian Times, Awudu Ali, Ghana News Agency(GNA), Ms. Ese Acolatse among others. Ghana Broadcasting Corporation (GBC). I can’t remember all the names off hand, but there were two Reporters from each media house.

There were lawyers who appeared for some of the accused persons. Dr Isaac Ephson, Mr Kuta Dankwa and Mr. E L Cole.

There were technicians from the GBC who recorded the trial proceedings on reel, they could easily be found if GBC is contacted.

The Stenographer/Secretaries who recorded the trial verbatim, were brought from the Ministry of Foreign Affairs, I am sure they are still at post in the Foreign Ministry.

From prison records. I know from experience that the time an accused is taken from custody and sent to court and when returned, are recorded in an occurrence book in the Prisons. The prison authorities should be made to produce before the Commission the records of the movements of the accused from prison custody to the tribunal, between the 22nd July to August 2nd 1983.

If these persons are contacted and facts verified, it will not be difficult for the Commission to establish the truth or otherwise the testimony of the witness.

After verification then in my humble view the august Commission should recall the witness and demand to know from him the purpose for which he tried to mislead the Commission, bearing in mind the oath he took to speak the truth.

EVIDENCE OF EX CPL. ALHASSAN ADAMA AKATI

I also wish to take this opportunity to state also that I have never met Ex Cpl. Alhassan Adama Akati, either in my judicial or administrative capacity. In his testimony before the Commission on Tuesday April 15, 2003, he was narrating how he was sent to the tribunal and met a tribunal Chairman, but he could not remember his name.

Surprisingly, one of the Counsel for the Commission and I think it was Mrs. Amoono Neizer, leadingly suggested to the witness whether it was not George Agyekum and he answered, Yes. I am sure witness was referring to CASE NO 25/83, THE PEOPLE VRS. CPL. EMMANUEL OFEI AND 20 OTHERS. I did not try that case, the records are available for the Commission to ascertain the truth if they contact the Judicial Service.

It is interesting to note that Akati testified as PW2 in that trial as the leading prosecution witness and his evidence implicated all the accused and specifically 3rd accused Pte. Henry Obeng, whose mother had appeared before the Commission prior and said W.O. Agyei Boadi ( testified as PW3 in the same trial) picked up and shot without trial.

Sir, in trying to write the history of Human Rights abuses in Ghana only verified and/or truthful testimony can reconcile the Nation and also stand the test of time. Long Live Ghana and God Bless us all.

(George Agyekum)

P.S. Signed copy being sent through the post.