Onus of Proof Rests with Herald Editor and Publishers

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• Ugly Akufo Addo 11 years ago

  What is this stupid article for , idiots fool

  What is this stupid article for , idiots fool

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• Ugly Akufo Addo 11 years ago

  I never see a stupid oldman like Akufo Addo

  I never see a stupid oldman like Akufo Addo

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• Okusubre. 11 years ago

  Another foolish and stupid animal! Onus lies on who to what? Who sent the case to court? You called yoiurself a professor.Tweeeaaa! Tell your galamsay chief to proof that he has neen defamed! Useless and foolish Akyem dog. Yo ...
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  Another foolish and stupid animal! Onus lies on who to what? Who sent the case to court? You called yoiurself a professor.Tweeeaaa! Tell your galamsay chief to proof that he has neen defamed! Useless and foolish Akyem dog. Your Okyehene is a galamsay criminal period! Why didn´t he take the president too to court? A bunch of clowns.

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• Master Kwaku 11 years ago

  Nana Kwame Adjei-Boateng should stop his attempts to destabilize Okyeman with his abition to ascend to the KUNTUKUNUNKU STOOL. Okyeman "Tease".

  Nana Kwame Adjei-Boateng should stop his attempts to destabilize Okyeman with his abition to ascend to the KUNTUKUNUNKU STOOL. Okyeman "Tease".

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• Nii 11 years ago

  Okoampa, if I accuse you of being a lunatic, the onus is on me to prove that you are actually a lunatic. The onus is not on you to prove that you are not a lunatic. Learn some law.

  Okoampa, if I accuse you of being a lunatic, the onus is on me to prove that you are actually a lunatic. The onus is not on you to prove that you are not a lunatic. Learn some law.

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• Dr. SAS, Attorney at Law 11 years ago

  For a person who was unsuccessful in entering Law School despite several attempts, Okoampa-Ahoofe displays a scintilla of admirable knowledge in defamation suits......Probabbly because he is still chasing his pipe dream of su ...
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  For a person who was unsuccessful in entering Law School despite several attempts, Okoampa-Ahoofe displays a scintilla of admirable knowledge in defamation suits......Probabbly because he is still chasing his pipe dream of suing a certain Texas lawyer and has been lately reading around the subject.
  Firsly, the overriding issue of freedom of the press underlies any reportage on public figures. (BTW, unbeknownst to Okoampa, he is also a public figure). This is settled law in the Ghanaian democratic context with substantial precedent in the American Supreme Court case called, "New York Times Co. v. Sullivan, 376 U.S. 254 (1964)". This case established the actual malice standard, which has to be met before press reports about public officials can be considered to be defamation and libel.
  The actual malice standard requires that the plaintiff in a defamation or libel case proves that the publisher of the statement in question knew that the statement was false or acted in reckless disregard of its truth or falsity. Because of the extremely high burden of proof on the plaintiff, and the difficulty of proving the defendant's knowledge and intentions, such cases—when they involve public figures—rarely prevail.
  Okyenhene is a public figure, and his task is uphill because he has to prove that the publisher of the statement in question knew that the statement was false or acted in reckless disregard of its truth or falsity. It is my considered opinion that he will not be able to prove this.
  But more interesting is the question of truth which Okoampa glibly discusses in this article. Truth is a defense in defamation suits (although not in contempt cases). Thus Okoampa is right in arguing that at some level, a certain burden will lie with the publishers to prove the truth of their publication. His mistake is in thinking that that proof relates to the issue of malice. The threshold issue of " actual malice" has to be proven by the preponderance of the evidence. In the unlikely issue that actual malice is proven, the court will then turn its attention to the truism of the publication in question, which then becomes a key defense for the defendants.
  At this point in time, I believe Okyenhene will lose on the preliminary question of actual malice. And may be hard put to it clearing himself of his involvement in illegal mining, given what the records so far reflect.

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• Kwame Okoampa-Ahoofe, Jr., Ph.D. 11 years ago

  You will very shortly be reported to the Texas Bar Association for falsely posing yourself off as Ph.D. law-degree holder, if you don't stop behaving boorishly as the first-generation college-educated member of your largely i ...
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  You will very shortly be reported to the Texas Bar Association for falsely posing yourself off as Ph.D. law-degree holder, if you don't stop behaving boorishly as the first-generation college-educated member of your largely illiterate family.
  
  I can bet my bottom-dollar that each and every one of my "legally" educated relatives is ages ahead of you. You can't even write grammatical English, let alone presume to creditably represent anybody in a legitimately constituted court of law.
  
  You see, because it took you so long to obtain a common LLB degree, you rather puerilely and erroneously believe that everybody is in desperate search and need of a law degree. What a pity!

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