Don’t use leaked audio as evidence

The National Chairman of the National Democratic Congress (NDC), Mr Samuel Ofosu-Ampofo, has mounted a legal challenge to the use of a leaked audio recording as evidence in his ongoing trial at the Accra High Court.

His lawyers have subsequently filed an application urging the court not to rely on the leaked audio as evidence, on the basis that it infringes on his right to privacy, as enshrined in Article 18(2) of the 1992 Constitution.

The legal team is expected to move the motion on November 4, 2019.

Charges

Mr Ofosu-Ampofo is standing trial, together with Anthony Kwaku Boahen, a Deputy Communications Officer of the NDC, over an alleged leaked tape in which the NDC National Chairman allegedly incited violence against the Chairperson of the Electoral Commission (EC), Mrs Jean Mensa, and the Chairman of the National Peace Council (NPC), Rev. Prof. Emmanuel Asante.

The two have pleaded not guilty to conspiracy to commit assault against a public officer, while Ofosu-Ampofo has pleaded not guilty to two counts of assault against a public officer.

Proceedings halted

In a related development, the court, presided over by Justice Samuel Asiedu, has put the trial on hold in view of a stay of proceedings application filed by Ofosu-Ampofo’s legal team at the Court of Appeal.

That was after his counsel, Mr Tony Lithur, yesterday prayed the court to adjourn the case until the Court of Appeal ruled on the application for stay of proceedings.

The Court of Appeal is expected to decide on the application on October 23, 2019.
Ofosu-Ampofo filed the application for stay of proceedings at the Court of Appeal after a similar application had been dismissed by the High Court on July 31, this year.

He wants the trial halted until the final determination of an appeal at the Court of Appeal in which he is challenging the trial court’s decision not to strike out the charges against him.

Case of the A-G

According to the prosecution’s facts, following the Ayawaso West Wuogon by-election debacle on January 31, 2019, Ofosu-Ampofo met with some NDC communicators on February 3, 2019.

The facts explained that at the said meeting, Ofosu-Ampofo and Boahen set out a road map of criminal activities, including violence against Mrs Mensa and Rev. Prof. Asante.

It said an audio recording of the said meeting was leaked, leading to investigations by the Criminal Investigations Department of the Ghana Police Service into the comments on the tape.

The prosecution added that on February 20, 2019, Boahen granted a radio interview in which he confirmed his participation in the said meeting and also revealed that the leaked audio recording was a true reflection of what had transpired at the February 3, 2019 meeting.

Writer’s email: emma.hawkson@graphic.com.gh