Lawyer for Samuel Ofosu Ampofo, Chairman of the National Democratic Congress (NDC) has filed an appeal to challenge a ruling of the High Court to adopt a witness statement, on January 29, 2020.
The Commercial Division “One” of the Accra High Court, presided by Justice Samuel Asiedu admitted the witness statement of Benjamin Osei Ampofo Adjei against the wish of Mr Tony Lithur, counsel for Mr Ampofo, who is charged with conspiracy to commit crime and harm on public officers.
At proceedings yesterday, Mr Lithur told the court that he had filed an application against the ruling of the High Court to adopt the witness statement and a motion for stay of proceedings.
He asked the court to adjourn the case to abide the outcome of the process he filed in court.
The prosecutor, Mrs Yvonne Atakora Obuobisa, the Director of Public Prosecution (DPP), opposed the motion and said the mere filling of stay of proceedings “does not operate as stay”.
In adjourning the case, Justice Asiedu said the audio recording which was to be played in court was not given to the court.
Mr Ampofo is standing trial together with Mr Kweku Boahen, a Deputy Communications Officer of the party, for allegedly inciting members of the NDC to attack the Chairperson of the Electoral Commission (EC) and Chairman of the National Peace Council.
Mr Adjei, the first witness has already denied his own statement when he testified on January 29, 2020.
The trial of the duo was set to begin on July 8, 2019, however, Mr Asiamah Sampong, a senior state attorney, prosecuting, told the court that the witness was indisposed.
The facts are that the accused were arraigned on April 16, for allegedly inciting communicators of the party to attack the chairperson of the EC, and the chairman of the National Peace Council.
They were said to have been secretly recorded on their plot of attack, on the target persons in an audio, which has since gone viral.
Mr Tony Lithur, counsel for Mr Ampofo told the court that his client could not speak about the alleged leaked tape because it was doctored.
He said the invasion of his client’s privacy relates to the constitutional breach of Mr Ampofo’s rights.
Dr Bamba, said his client denied the charges filed against him, and added that Mr Boahen was innocent until proven guilty by the court.
He contended that the charges against the Deputy Communications Officer of the NDC were not grounded in the law.
Miss Gloria Akuffo, the Attorney-General and Minister of Justice, who read the charges against the accused in April 2019, said Mr Boahen faces only a charge of conspiracy to cause harm, while his colleague was charged with all the three counts.
Mr Boahen and Mr Ampofo had pleaded not guilty to the charges against them, and are currently on GH¢100,000 bail each, with a surety.
The case has been adjourned to February 11.
BY MALIK SULEMANA