Bright Alan Debrah Ofosu, aka Bright Alan Yeboah alias BB, a Freight Forwarder, standing trial as the third accused (A3) in a coup plot case, has refused a suggestion by the Director of Public Prosecution (DPP), Yvonne Atakora Obuobisa, to seek assistance from the Legal Aid Commission after failure to procure a counsel to defend his case.
He was previously represented by Victor Kwadjoga Adawuda, but the latter had since withdrawn from his case, leaving him with no legal representation in the trial of abetment to high treason and conspiracy to high treason.
Alan earlier told the Accra High Court, presided over by three justices – Afia Serwaa Asare Botwe, Hafisata Amaleboba and Stephen Oppong – that his pastor had accompanied him to see a lawyer who would be joining the case soon, since the purposed counsel had already taken certain dates in other trials, which were in conflict with his case.
However, on the last adjourned date, A3 again informed the court that he had stopped pursuing the lawyer in question, and that he was in search of a new lawyer.
It was on this basis that the DPP made a suggestion to him to seek the assistance of Legal Aid, which provides free lawyers to persons standing trial, but A3 refused to accept the option.
The president of the bench, Justice Asare-Botwe, ordered that A3 should be assisted by an interpreter as well as notes to him to put down his own observations about the proceedings and possibly conduct his own cross-examination of A1, Dr. Fredrick Mac Palm.
Dr. Mac Palm, the alleged orchestrator of a coup plot to overthrow the Akufo-Addo government, has opened his defence and is currently in the box for cross-examination.
After giving his evidence-in-chief, the DPP was given the first opportunity to cross-examined Dr. Mac Palm, which was concluded last week.
Victor Kwadjoga Adawudu, Counsel for Kafui Donya (A2), a blacksmith, and personnel of the Ghana Armed Forces (GAF) Corporal (CPL) Seidu Abubaka (A7), Lance Corporal (LAC) Ali Solomon (A8), Cpl Sylvester Akanpewon (A9), is taking his turn to cross-examine A1.
Adawudu’s cross-examination of Dr. Mac Palma:
Q: In your evidence in paragraph 27 of your witness statement, it is your case that you have never had any dealings with A7 until you met them after arrest?
A: Very so.
Q: And so with A8?
A: Very so.
Q: What about A9?
A: I think so. A9 accompanied A3 to my house. A9 asked if there is a possibility of recruiting his sister as a nurse; that was all.
Q: In other words, you have never had any discussion with A8, A7 and A9 on overthrowing a government?
A: That is so.
Q: Are they members of TAG (Take Acton Ghana)?
A: Not that I know of.
Q: We’re they on TAG WhatsApp?
A: No they were not.
Q: Is it your case that the only time you met A7 and A8 was when you were arrested?
A: That is exactly my case.
Q: Were you present when the caution statement of A2 was taken by the police?
A: My lords, I wasn’t present.
Q: So you can’t tell under which conditions the statement was taken?
A: That is exactly so.
Q: Until we came to this court and the caution statement and the statement made by A2, Kafui Donya, was disclosed by the prosecution, did you know what was captured in Exhibit AN?
A: No my lords.
Q: How about Exhibit AM, which is the charge statement of A2 and admitted by this court? Did you have knowledge of the content?
A: No my lord.
Q: Exhibit AM1, which is the further statement made by A2?
A: No my lords, I did not.
Q: You were arrested in September 2019?
A: Yes.
Q: Your arrest was effected at the Citadel Hospital?
A: That is so.
Q: At the time you were arrested, was A2 present?
A: No my lord.
Q: When you were arrested there were some guns allegedly retrieved from the generator on the premises?
A: That is so.
Q: Was A2 present at the time of retrieval?
A: No.
Q: There were some pipes allegedly retrieved under the X-ray container?
A: That is true.
Q: Was A2 present?
A: No.
Q: On the day of the arrest when these guns and pipes were allegedly retrieved from Citadel Hospital premises, were you given any list to sign to show that these were retrieved?
A: No my Lord.
Q: Were you informed or shown any inventory as to the things allegedly retrieved?
A: On the first day I wasn’t given anything. On the third day I was given an inventory, but the guns were not part.
Q: Is it your case that you had CCT cameras at your premises at the time of your arrest?
A: That is correct.
Q: Was the CCTV working?
A. Yes.
Q: Is it your case that producing this CCTV camera and its accessories will capture vividly what happened on the day of arrest?
A: Yes.
Q: Is it your case that this CCTV was removed with the accessories and cast away by the arresting officers?
A: Yes, my Lords, the then Colonel Amponsah, now Brigadier Amponsah, ordered for the removal. So Brigadier General Amponsah ordered the removal.
Q: Is A2 a member of TAG?
A: No he is not.
Q: Was he on the TAG WhatsApp platform?
A: No he is not.
Q: Halothane and … are chemical used for Anaesthetic procedures in the hospital?
A: That is so.
Q: And these medicines; which of the two are in liquid form of..?
A: Both are liquids, but one of them, the BB, is local and Halothane is general. If you open it will vaporize. For instance, if I have a small area, I want to anaesthetize, then I will use BB, and if I want to do General surgery, I will use Halothane.
Q: Is it the case that when you open…?
Court: If you file witness statements and you decide to do other people’s cases for them. If you have witness statements and statements made by the people and all you can do is rehash their case that is fine. Go ahead.
Q: Is it the case that when the two are opened it evaporates?
A: Halothane does, BB does not.
Q: Dr. Mac Palm, this video was shown to you and you said you saw the tubes?
A: Yes my lord, and I added that supposedly.
Q: When you say this tube what were the colours?
A: I didn’t recall seeing these tubes in any colour.
Q: In the course of this trial some pipes alleged to be IEDs that were retrieved under the X-ray container in the Citadel Hospital were tendered in this court. Do you remember the colours of the pipes that were tendered in this court?
A: If my memory serves me right, I don’t remember.
Q: Can you take a look at the exhibits to refresh your memories?
A: Some are painted black, blue, multi-coloured and still silver colour.
Q: The exhibit you saw and what you see now is different?
A: There are different colours.
Q Yesterday during cross-examination you told the court that it was PW3 who brought and introduced A2 to you?
A: That is so.
Q: And the reason he brought him was to manipulate and repair some pistols?
A: The reason was for A2 to manufacture pistols. A2 says he doesn’t manufacture pistols. PW3 says since the group was going to demonstrate and A2 was in Accra, PW3 suggested that it will be better to do metal placards instead of … That is why I advanced 2,000 to him for the placards. Indeed, I saw some of the placards. I travelled and came back and the placards were not there. A2 told me that PW3 has come for the placards and that he was going to spray them.
Q: In the course of A2’s stay at the Citadel premises, did it come to your attention that PW3 brought him some guns to be repaired?
A: Yes my lord, he did, but as a matter of fact, I travelled to Kumasi and came back and saw a pistol, which I later heard a pistol, which is called revolver in the…of A2. I asked A2 and he told me that PW3 was the one who brought the revolver for him to fix.
What I did was to tell A3 to tell PW3 that I knew we wanted to purchase guns and not manufacture guns. This revolver issue has been confirmed by the prosecution witness that they have pistols like that PW3 to bring to Citadel.
Counsel for Johannes Zipki, a civilian employee with Signals of the GAF: A4 no questions
Cross-examination of by counsel A5: Col. Samuel Kodzo Gameli.
Q: When was the first time you got to know A5?
A: Around 2015-2016.
Q: From the records of the hospital he first attended in 2014?
A: If that is the record then so be it.
Q: Tell the court if those are records of A5?
A: Yes my Lord.
Q: Can you also see the records of Colonel Gameli. You will agree with me that A5 was introduced by Colonel Anthony?
A: That is correct.
Q: And he had been your patient from 2014 until the time of you were arrested?
A: That’s true my lord.
Q: A5 attended the same secondary school as you?
A: That is true.
Q: You became so close because you went to the same school?
A: We became close because we both love our Whisky. A5 will call me to find out if there was any Whisky and Fufu.
Q: It is true that you never discussed anything of a coup plot with him?
A: That is correct. On the day of my arrest, since it was by the military, I remember requesting my assistant to call Colonel Gameli and Colonel Ntem since they are soldiers and my friends.
I also questioned the arresting team that if I had the intention of a coup plot there should be senior officers involved. And to my surprise, I saw Colonel Ntem and Colonel Gameli at the BNI office the following day. I was thinking they came to visit me.
Q: Was A5 a member of TAG?
A: He was not.
Q: It is the case of the prosecution that you recruited him for a coup plot?
A: That is absolutely incorrect.
Counsel: That will be all.
Cross-examination by counsel for A6, WOII Esther Saan Dekuwine.
Q: Do your friends normally refer strangers to you because you are a medical practitioner?
A: Yes my lord.
Q: Do these strangers include women?
A: Yes.
Q: Do you know all members of TAG?
A: No.
Q: But you do know some significant members?
A: Yes.
Q: Is A6 a member of the TAG?
A: No.
Q: Have you had any telephone conversations with A6?
A: Not one that I remember.
Q: Has A6 introduced any soldiers to you?
A: No my lord.
Q: Have you had any discussion with A6 on a coup d’état?
A: No.
Q: Have you had dealings with A6 prior to the arrest?
A: Yes. A3 arrange a meeting with some military personnel, and A6 was part of them.
Q: Did you discuss any violent means of overthrowing of the government at that meeting?
A: No.
