The Financial and Economic Division of the Accra High Court will today deliver ruling on a mini trial involving the second accused person (A2), Kafui Donya, in an alleged coup plot.
The mini trial is due to some issues that ensued during the main trial.
Victor Kojogah Adawudu Esq claimed that his client, A2 Kafui Donya aka Ezor, speaks Ewe, but some of his statements were taken in the Twi Language, as well as taken without an independent witness present.
The investigator in the case, Detective Chief Inspector Michael Nkrumah, was, therefore, put in the box and grilled by the State Prosecutor and Counsel for A2.
Kafui is standing trial with nine others, including senior police and military officers, and a medical doctor.
The following are excerpts of the cross examination (Q) and answers (A):
Q. What work do you do?
A. I am a police officer.
Q. Where are you stationed?
A. At the NIB as an Investigator.
Q. How long have you been there?
A. Five years.
Q. Do you know the accused persons in the case?
A. Yes, I know all of them.
Q. How do you know them?
A. I investigated a case involving them.
Q. Did you obtain statements from them in the course of the investigation?
A. Yes, my lords.
Q. Did you obtain statements from Kafui alias Ezor?
A. Yes, my lords.
Q. How many statements did you obtain from him?
A. Three investigation cautioned statements from him and two charge statements.
Q. Do you recall the days on which you obtained the investigation cautioned statements from Kafui?
A. First one was on September 22, 2019, and second was November 28, 2019, and the third was on December 21, 2019.
Q. The statements of 22 and 28, where were they taken?
A. In my office around 37 Military Hospital.
Q. How were the statements taken?
A. I invited Kessie Akrasi, as an independent witness in the statements, and introduced him to the accused as an independent witness in the taking of the statements. I read out the investigation cautioned statements, and explained in Twi, and he narrated his story in Twi, and I wrote it in English Language. After [his] story taken, the independent witness read and explained in Twi language, and he thumb printed [it], and the independent witness certified and signed his portion, and I also signed mine.
Q. Can you describe the atmosphere in your office when the statements were being taken?
A. We were four in the office, including the accused, and there appeared to be calm, no pressure on him, and nobody gave him any promise, and he voluntarily gave his statements.
Q. Aside yourself, the independent witness and Kafui, who else was present?
A. Sgt Michael, who was [a] personnel of NIB.
Q. Was he involved in the taking of the statements?
A. No.
Q. You said you obtained another one (statement) on December 21, is that correct?
A. Yes.
Q. How was that one taken?
A. It was taken at the NIB Headquarters, near Immigration Headquarters, in one of the offices at the first floor. Again, I invited an independent witness, Dennis Kwao, and introduced him to [the] accused that he was the one witnessing the statement taking. I explained in Twi after reading and he voluntarily gave a statement in Twi, and I wrote it in English. The independent witness read and explained the statements to the accused, and [the] accused thump printed after accepting, and independent witness certified and signed all his copies, and I also did same.
Q. Can you describe the atmosphere when taking the statements on December 21?
A. We were three, including [the] accused, and he appeared calm, no pressure on him and nobody promised him anything to tell the true or deny; he voluntarily gave the statement on his own free will, and he thumb printed.
Q. Take a look at the document, and identify it to the court?
A. Investigation cautioned statements of Kafui, dated September 22, 2019.
Q. Can you identify your signature on it?
A. Yes, my lords.
Q. Which other marking or signature do you identify on it?
A. Accused thumb printed and the independent witness’ signature is also here.
Q. Please, take a look at this document and identify it.
A. I have second investigation cautioned statements of Kafui, dated Nov 28, 2019.
Q. Do you identify your signature on it?
A. Yes.
Q. Is there any other marking on it?
A. Yes, signature of the independent witness and the thumb print of [the] accused
Q. Please identify?
A. Third investigation cautioned statement of Kafui, dated on December 21, 2019.
Q. Can you identify your signature on it?
A. Yes.
Q. Any other markings?
A. Signature of the independent witness, and thumb print of accused person.
Adawudu: Cross examination
Q. D/C Inspector Nkrumah, is Mr. Skrasi in the same office with you?
A. Correct.
Q. Is he your superior?
A. No my lords.
Q. In other words, he is your subordinate?
A. That is correct.
Q. In the line of duty as police, he takes instructions from you, that is right?
A. Lawful instructions from me.
Q. Sgt Mike Tanoh, now Inspector Tanoh also shares same office with you?
A. Correct.
Q. Is he your subordinate?
A. That’s correct.
Q. Is he under you in his line of duty?
A. That’s correct.
Q. In your office, Detective Chief Inspector Kessie Akrasi sits opposite to you?
A. That is so.
Q. The distance between the two of you is eight to ten feet?
A. That is so.
Q. In between where the two of you sit, there are two more chairs between?
A. That’s correct.
Q. You sit adjacent to Inspector Tanoh?
A. No my lords.
Q. Do you sit opposite Inspector Tanoh?
A. Tanoh is between myself and Akrasi.
Q. So the distance between you and Tanoh is about 5 to 6 feet?
A. About 4 feet.
Q. Is it that on 22nd September 2019, you wrote the cautioned words, read and explained to A2?
A. Yes my lords.
Q. You did this in Twi language?
A. That is so.
Q. Kafui told you in pidgin English that he cannot read and write?
A. That’s not true, he spoke to me in Twi.
Q. In what language did he say he cannot read and write?
A. He told me in Twi that he can’t read and write?
Q. On September 22, 2019, when taking the statements, was there a lawyer or his counsel?
A. No.
Q. I suggest to you that there was no lawyer, and you never explained this constitutional rights to him.
A. Not true.
Q. I’m suggesting to you that Kafui spoke pidgin English interspersed with Ewe language to you on the said 22nd September 2019.
A. That’s not true.
Q. I am suggesting to you that though Chief Inspector Kessie was seated in his chair, he was not present when you were taking the statements from Kafui.
A. Kessie was seated by whilst taking it and he heard all that he said to me, and thereafter Akrasi read the statement and explained it to the accused, and he accepted and thumb printed it.
Q. In what language did (Chief Akrasi) read and explained the content to Kafui?
A. In Twi language.
Q. Will you [be] be surprised to know that [in] Kessie’s own language he never said he explained it in Twi to Kafui?
A. He explained [it] in Twi to the second accused, Kafui.
Q. It was after you had taken the statement that you passed it to Kessie at the other end of the room to do the certification.
A. That’s not true my lord. Kessie was there, and he read it to Kafui before [the] accused thumb printed, and he certified.
Q. On September 2019, Sgt Tanoh was also in the office, is that not so?
A. He was there, but he was moving up and down, because he was not part in taking the statements.
Q. Tanoh was the one who held Kafui’s hand to thumb print.
A. Not true.
Q. That was when you and Tanoh made Kafui sign against the thumb print.
A. Not true. After taking the statements, I asked whether Kafui will sign or thumb print, and he said he will sign; I gave him the opportunity to sign and realised there were inconsistencies in the signatures, so I made him to thumb print, and going forward, I stuck to the thumb printing.
Q. What you just said is an afterthought, because there’s no inconsistencies against the signature on September 22, 2019.
A. Not true.
Q. Chief Nkrumah, on November 28, 2019, you also took further cautioned statements from Kafui?
A. That is so.
Q. What time of the day did you take the statements?
A. In the afternoon after I returned from…
Q. In taking that statement, where did he mention as his hometown?
A. Wudidi in Alavanyo.
Q. You took this statement at your table in the office?
A. That’s correct.
Q. And Akrasi sat at his table, is that not so? at the time you were taking the statements of Kafui?
A. That’s so after I had introduced him to the accused as an independent witness.
Q. On 28th September 2019, was there a counsel of Kafui choice?
A. No, I had informed him of his right to a counsel of his choice.
Q. In whose presence did you inform him?
A. The independence witness.
Q. I suggest to you that Kessie Akrasi was not present at your table when you were taking his statement on that day.
A. Akrasi was there.
Q. On that day, Kafui spoke Pidgin English interspersed with Ewe.
A. That is not true.
Q. Is it your case that on that day you read and explained it to Kafui in Twi?
A. That is correct.
Q. On that day, Kafui told you that he is an illiterate and had lived all his life in Wudidi Alavanyo?
A. He told me he was illiterate, but as to whether or not he lived all his life, I don’t know.
Q. Is it that Chief Akrasi, on November 28, 2019, explained the content of the statements in Twi to Kafui?
A. That is so.
Q, In Akrasi’s own writing he never said so.
A. He read and explained [the] content in Twi to the accused person.
Q. As your usual practice, you gave the statement to Akrasi to certify when he was not present when you were taking the statements from Kafui?
A. Not true.
Q. On December 21, 2019, you took another statement from Kafui. is that not so?
A. Correct, after he had been given the chance to watch some of the videos he appeared in.
Q. This video clip was watched on the same day, is that not so?
A. That is so.
Q. A further statement was taken after Kafui watched the clip, is that correct?
A. That is correct.
Q. Was Dennis Kwao present when the video was played for Kafui to watch?
A. No, he was invited to witness the taking of the statements after Kafui had watched the videos.
Q. Kafui spoke Pidgin English interspersed with gestures [of] what he had seen in the video in relation to him.
A. Not true.
Q. Can you remember what Kafui said on December 21, 2019; what you captured as his statement?
A. I can remember a portion.
Q. Did he, Kafui, say that he had been shown a video and saw himself repairing a pistol?
A. I remember something like that.
Q. Again, did he say that he saw himself pounding gravels in a metal pipes?
A. I remember something like that.
Q. And he said this to you in Pidgin English?
A. That is not true.
Q. It was in the middle of this that you went and brought Kwao as [an] independent witness?
A. Not true. He was there from the beginning.
Q. I am putting it to you that it was after Kwao had certified and was explaining the content to Kafui that he realised Kafui cannot express himself in Twi.
A. That is not true. He was there when Kafui spoke in Twi.
Q. What Kafui told you in Pidgin English [and] with gestures on December 2019 is not what you captured there as his statement.
A. Kafui did not speak Pidgin, he spoke Twi, and I wrote exactly what he said.
Q. You were the same person who took the charge statements marked as Exhibits Am and Am2?
A. That is correct.
Q. Can you tell the court who was the independent witness?
A. Harriet Agbenyefia.
Q. What was the language Kafui communicated; gave the charge statement?
A. He spoke in Ewe, and was translated into English through the independent witness.
Q. Will you be surprised that the independent witness, in making the certification, said the statement was made in Ewe and translated into English?
A. Yes, because I don’t understand Ewe.
Q. On February 7, 2020, when this charge statement was being taken, was there a lawyer of Kafui choice?
A. Yes my lords.
Q. I am suggesting to you that because this time round you had informed Kafui of his constitutional rights that’s why he came with a lawyer?
A. In all the statements I informed him of his right to a counsel of his choice.
Q. On February 14, you took a statement where Agbnyafia was the independent witness?
A. Yes.
Q. Was there a lawyer of his choice when taking it?
A. No.
Q. Was there no lawyer on the 14th February before the further charge statement was taken?
A. That is correct.
Q. It’s not true, because my good self was present that day.
A. That is not true. Counsel was there on February 7, 2020, when first charge statement was taken, and the second charge statement was taken at Osu when he was detained.
Q. Indeed, on February 14, 2020, [the] accused said he wanted his lawyer to be there for the further statement to be taken?
A. That is correct.
Q. Will you be surprised to know that the independent witness who you claimed was present on September 22 and November 28, 2019, could not tell the court the age Kafui mentioned to you whilst taking the statements?
A. I cannot tell, because I was not present when the witness was…
Q. The ages given by Kafui in Ewe, as captured in the statements of 22nd September and 28 November, are not the same?
A. [I’m] not sure about that.
Q. If Kafui, indeed, could express himself in Twi, he would not have given his wrong age as captured in 22nd September and 28th November 2019?
A. He spoke in Twi to me.
Q. [The] accused who is fluent in Ewe gave you his age which you captured because he spoke his native language, which was interpreted to you.
A. Kafui spoke in Twi to me in the three cautioned statements, and the two charge statements were interpreted to me.
Attorney General: Prosecution had closed the case in the mini trial.
Court: No obligation on accused to adduce any statement. Are you calling a witness or you want the court to rely on prosecution’s evidence?
Kojogah: My client does not intend to testify or call any witness.
Court: The court shall proceed to listen to legal argument for at least 10 minutes after accused has decided not to call a witness or to mount the witness box.
Prosecution has two minutes to reply on point of law only. Counsel and prosecution can formally file their arguments by Thursday May 19, 2022. The ruling of [the] mini trial is on Tuesday, May 24, 2022 for case continuation.
