Accra, May 17, GNA -Mr Victor Kwadjoga Adawudu, Defense Counsel for five of the ten persons accused of high treason, has told the High Court that Donya Kafui, alias Ezor, did not make the statements attributed to him by the Prosecution.
He said the cautioned statements could not have been made by Ezor, one of his clients because “he does not speak Twi but Ewe,” thus, they should not be tendered into evidence.
Ezor was born and bred in Alavanyo in the Volta Region and there is no way he can express himself and understand the Twi language in which he was allegedly to have made the statements, counsel said.
He said, there was no independent witness when the investigator was taking his statements, adding that the independent witness said to have certified, did not read over nor explained the content thereof in Twi to him before he (Ezor) was made to thumb print.
Defense counsel said Ezor was an illiterate and making him admit to the statements was against the Provision of Section 120 of the Evidence Act (In an action, and at every stage of the action, an objection to the admissibility of evidence by a party affected by that evidence shall be made at the time the evidence is offered).
Ms Winnifred Sarpong, from the Attorney General’s Department, debunked the assertions and said there was no basis for the objection because the investigator knew the magnitude of the case and made sure he went by the book in obtaining statements from all the accused persons including, Ezor who according to him, made his statements voluntarily in the presence of one Kese Akrasi, an Independent witness, present when the statements were taken.
She said the investigator made sure there was always an independent witness whether confession or not.
Prosecution said Ezor’s claim that he could not speak Twi was untrue, “he spoke impeccable Twi and same put down in English.”
“After the statement taken, it was read over and explained to him by the independent witness in Twi language after which he thumb printed on his own volition after accepting to what had been read to him by the independent witness after which the independent witness certified the statement,” the Court heard.
She said it is not true that Ezor is illiterate, “we were all in court when the videos were played and we heard him speak good English so his statement that he is illiterate is false”.
Our submission is that all statements taken were taken in the presence of an independent witness and should be taken into evidence, Prosecution said.
The Court ruled that charge statements dated February 7 and 14, 2022, had been admitted into evidence but said on other matters regarding voluntarily and propriety, they would be established in a mini trial.
Ezor, blacksmith, is standing trial with Dr Frederick Yao Mac-Palm, Chief Executive Officer of the Citadel Hospital, Bright Alan Debra, Freight Manager, Colonel Samuel Kojo Gameli, Johannes Zikpi, Civilian employee with the Ghana Armed Forces, Corporal Seidu Abubakar and Lance Corporal, Sylvester Akankpewu.
They have been charged together with Warrant Officer II Esther Saan, Assistant Commissioner of Police (ACP) Dr Benjamin Agordzo and Lance Airforce Corporal Ali Solomon with offences including conspiracy to commit treason, high treason, conspiracy to possess explosives, arms and ammunition and possession of explosives, arms and ammunition without lawful authority.
All the ten have denied their respective charges and are on varied bail.
GNA