Three out of the five soldiers- Corporal Seidu Abubakar, Lance Corporal Ali Solomon and Corporal Sylvester Akanpewon who are standing trial with one senior police officer and three civilians in the alleged coup plot case have had their rights for cross-examination waived by the High Court hearing the case.
Their rights were waived when they failed to personally cross-examine the third accused (A3), Bright Alan Debrah Ofosu, after Warrant Officer II Esther SaanDekuwine’s counsel, MrLamtiigApanga,had taken his turn.
According to the accused persons, they needed the assistance of lawyers to conduct the cross-examination on their behalf, since they can’t do it on their own and,therefore, pleaded with the court for adjournment.
However, the court, presided over by three justices – Afia Serwaa Botwe-Asare, HafisataAmaleboba and Stephen Oppong- held yesterday that the three applications for adjournment cannot be granted because they had already been cautioned for having one Counsel representing all of them.
Victor Kwadjoa Adawudu, until March this year, was representing five of the accused persons, which the court deemed as conflict.
Mr Dawudu was representing Corporal Seidu Abubakar, Lance Corporal Ali Solomon, Corporal Sylvester Akanpewon, DonyaKafui, aka Ezor, as well as Bright Alan Debrah Ofosu.
Nevertheless, A3 and MrDawuduparted ways and currently being represented by Rita Kutin Ali, a lawyer from Legal Aid Commission. However, because of the former Counsel’s relationship with Alan, he could not have cross-examined on behalf of the four others.
Although Mr Dawudu attempted desperately to intervene, the court said it has already ruled on the subject matter.
The court explained that it was not going to grant the accused persons application for adjournment because they were continuously warned from the onset about the dangers of one counsel representing several clients in a case and a reason they must conduct their own cross-examination.
The court has adjourned the next hearing to today.The accused persons were 10 in number, with the first accused (A1), Dr Frederic Mac-Palm now deceased.
The accused persons were; Dr Frederic Mac-Palm (medical doctor), DonyaKafui, aka Ezor (blacksmith), Bright Alan Debrah Ofosu (fleet manager), Johannes Zikpi (civilian employee with the Ghana Armed Forces) and Colonel Samuel KodzoGameli.
The rest are; Warrant Officer II Esther SaanDekuwine, Corporal Seidu Abubakar, Lance Corporal Ali Solomon, Corporal Sylvester Akanpewon, and Assistant Commissioner of Police (ACP) Dr Benjamin Agordzo.
The following are the questions and answers (Q&A):
Q. At the last adjourned date, you informed the court that you know A6?
A. Yes.
Q. How do you know her?
A. In the year 2017, because of the kind of work I do, which I normally give vehicles to drivers. So I happened to meet this gentleman who per the company’s arrangements, he needed someone to stand surety for him.
So this gentleman indicated to me that Madam Saan is his sister and she will stand surety for him. And per the arrangements, I have to check where the guarantor lives. He took me to her at Teshie military camp.
Q: So from 2017 to date, you have known Madam Saan?
A: Yes.
Q: Is it your case that besides being the guarantor for the driver, you became friends?
A: Yes and it was also because she hails from my mother’s hometown and I have always wanted to learn the language. So I always visit her now then.
Q: Do you know she is a soldier?
A: Yes I was told.
A: What is her function in the military?
A: I remember I asked her and she told me she is a Caterer.
Q: Now, it is alleged that you introduced A1 (Dr MacPalm) to A6, is that the case?
A: That is true.
Q: What was the purpose of this introduction?
A: After I got to know her, she always complains about health issues and most of it was about fertility problems. So I told her I have a doctor friend who can help her.
Q: Now, it is alleged that you and A6 met with A1?
A. Yes.
Q: What was the subject of discussion?
A: I introduced A1 to Madam Esther Saan and the discussion was about her health issues with A1.
Q. Do you know a gentleman called Sulley Awarf?
A. Yes.
Q. Had there been an occasion you, Sulley Awarf, A6 and A1 met?
A. I met with Sulley Awarf and A6 but A1 was note there.
Q. Where did you meet?
A: We met at Teshie.
Q. Can you tell the court where you met?
A: We met at Next Door Beach Resort.
Q: What was the discussion about?
A: I spoke to them about TAG and I requested for their support. After explaining to them the mission of TAG, Madam Saan asked the expertise I needed from them and I explained to her that it is about security and in case we don’t understand anything on that subject we will consult them, in order to help us create public awareness.
Q. It is alleged that you and the other accused persons with specific reference to A6 planned to overthrow the government?
A. That is not true.
Q. Beside the meeting or meetings held between you, Sulley Awarf and A6 at the Next Door Beach Resort, what other encounter did you have with A6 in respect of the allegation you are facing in this court?
A. There are no other encounters in that regard, although we met on other occasions for family things.
Q. Is it your case that besides the meeting that happened at Next Door Beach Resort, A6 did meet in any of the meetings?
A. I never met with A6 to discuss anything concerning the allegation. I remember when I met my sister somewhere in July 2018, I had some challenges, which made it difficult for me to make calls on mtn. So I stopped contacting my sister for almost a year.
It was after I was arrested that I met her again and we were both shocked and she asked whether I was in Ghana or travelled because I usually travel a lot.
Counsel: That would be all for A6.
Court calls A7 to cross-Examine A3. Adawudu stood up to intervene but the court declined, since Mr Adawudu is in a position of conflict. Thus, until March, this year, he was representing A3, now in the box. He cannot in such circumstances turn around to cross examine him because of lawyer-client privilege among others
A7: I want to plead with the court to be given some time to seek the assistance of a lawyer who can do the cross examination on my behalf.
Court: This is nothing new. We have called your attention to it so many things. When it is Mr Donya’s turn, an Ewe interpreter was called for him to conduct his own cross-examination.
Counsel: Respectively my Lords, if I may be heard.
Court: The court has just ruled.
Counsel: He is my…
Court: The application for adjournment is refused.
A7: I’m still pleading with the court.
Court: We will consider you cross-examination waived and moved to the next
person. Do you have any questions?
A7: I can’t cross-examine.
Court: The application for A7 is refused to examine.
A8 (Ali Solomon) called to cross-examine.
A8: My Lord, I also need to get a lawyer. I contacted a lawyer and he said I needed my lawyer to clear me.
Court: The last time I checked, you said Adawudu was on his way coming. Solomon, are you going to cross examine Mr Debrah or not?
A8: I will but I’m not prepared.
By the court, no adjournment shall be granted and that is why A2 was asked to conduct his own cross-examination. …should A8 fail to cross examine, we will consider him to have waived his right. The right to cross examination is waived.
A9 called to testify
A9: My Lord, I pray that you give me time to look for a Counsel to do the cross-examination for me. I tried to contact a lawyer but he told me that I need to get clearance from Mr Adawudu, but I was not hearing from Mr Adawudu.
Court: A9 will cross-examine or not
A9: My Lord, I will do that but I can’t do it on my own.
Cross-examination by Kumivi Dotse
Q: Mr. Debrah, did you indicate in your evidence-in-chief that you didn’t know
A10 at all?
A: Yes, but he is somebody I used to see on TV and Facebook.
Q: You also did indicate that during your interrogation you were shown A10 picture and asked to identify?
A: Yes.
Q: You were the administrator of a page called of TAG executive?
A: Yes.
Q: One of the persons on that page was a certain Dr Sam?
A: That is true.
Q: At one point in time, the said Dr Sam was removed from the page, is that not correct?
A: That is so. I removed him from the platform. I was instructed by Dr MacPalm.
Q: Can you share with the court why you removed him from the page?
A: He went against the roles governing the page. We first drew his attention and urged him to apologise and retract those comments but refused, so Dr MacPalm instructed that I removed him.
I remember he even called me and Dr MacPalm and we had a conference call. During the conference call, I remember Dr MacPalm asking him to apologise but the conference call turned confrontational and degenerated into insults. And that was why Dr MacPalm asked that I remove him and report him to the police.
Q: What happened to the recording?
A: When I was arrested Chief Inspector Nkrumah said my phone would be used as an exhibit. When the exhibits were brought before the court I realised my phone was not part of it so I informed my Counsel, then Lawyer Adawudu, and he promised to follow it up.
So it was just last year that Chief Inspector Nkrumah called me and handed over the phone to me, but it was off.
Q: What happened to the recording?
A: After switching it on, I realised the recording and other information on the phone had been deleted.
Q. So it is your case that that the recording was deleted as part of other information on your phone?
A: Yes.
Q: Apart from Dr MacPalm and Dr Sam, do you also remember the other person on TAG Executive platform?
A: It was myself, Dr Sam, Dr MacPalm and Mr Kofi Amoah. We were the ones who formed Take Action Ghana. Later we added one lady by name Miss Awindor and one gentleman called Kofi Amoah.
Q: Is it your case that A10 was not one of your members on TAG Executive platform?
A: Yes.
Cross-examination by DPP
Q. Mr Debrah, can you tell the court your date of birth?
A. 22/10/1988.
Q. Where were you born?
A. I was born in Accra.
Q. In your investigation caution statement, Exhibit AB, which you wrote yourself on the 22/9/2019, you gave your age as 21 years in your own handwriting?
A. Unless I have a look at the witness statement. I have seen it and critically looked at it, you will notice that it is 31 but I was asked to correct it to 21.
I remember when I was sent to BNI, at the entrance, I mistakenly wrote 1998 instead of 1988, when I later wanted to correct it, they did not allow me and I also thought it was not a big deal.
Q. do you have a Ghanaian passport?
A. Yes.
Q. What is the date of birth on your Ghanaian passport?
A. 1988
Q. You told the court that you were a fleet manager, can you explain what you meant?
A. What a fleet manager does is to take care of all the vehicles that go out, those that need servicing on site.
Q. What company?
A. Smart Company limited.
Q. Who does the Smart Company Limited belong to?
A. It belongs to a woman called Boadu and I was also a shareholder.
Q. What percentage of shares do you hold?
A. 50%
Q. About how many vehicles does Smart Company Limited have?
A. 32 cars and they were all bought by the company.
Q. You have stated to the court again that your were the administrator of the Take Action Ghana group platform?
A. Yes.
Q. And you were also the Secretary?
A. Yes.
Q. You were also the administrator of the executive platform?
A. That is so.
Q. You were the one who could admit and take out members.
A. Yes, but I added Dr MacPalm.
Q. You were very well aware of the objectives of TAG, which was stated in the exhibit platform as outlined variously in Exhibit AE?
A. They were objectives suggested by Dr Sam and it was one of the reasons he was removed from the platform. The objective of TAG is what is at the Register General.
Q. Now, from line 27 to 34 and the following page from about 10 to line 37, the discussion on the platform was to mobilise the masses in a historical… and civil uprising that would bring about a new constitution and would shut the current government down?
A. All these were written by Dr Sam but we did not approve of it because it was against our rules of engagement and one of the reasons we deleted him.
Q. That could not have been true because on Exhibit AE, there was no displeasure registered to what Dr Sam had said.
A. That is true and it was the reason why we took him off the group.
Q. Rather Dr Sam was commended by Dr MacPalm as reflected on the last two lines. Read it?
A. Reading: “…” If you continue on the next line, Dr MacPalm asked that we find time to meet and deliberate on the issue. It was Mr Amoah who drew his attention and I also called Dr MacPalm attention and that was why we agreed to meet.
Q. After you have gone…phase 1 and phase 2?
A. That is not true, when we met Dr Sam, Dr MacPalm and another person I don’t remember, we threatened to take him off the page…
Q. You are being untruthful because at this point, Dr Sam was not in Ghana; he had travelled to the US?
A. He was in Ghana and was living at Teshie-Nungua Estate.
Q. He was not in the country?
A. I remember Dr Sam was in the country. My car broke down and he was the one who drove me to my house at East Legon. I told this court that I was introduced to Dr Sam in Ghana at Alajo but we did not travel abroad to meet him.
Q. In fact, from page 12 on Exhibit AE on pages 7 & 8 line on the bottom, it was rather Dr Sam who cautioned that certain words like revolution should be taken out.
A. It was Dr Sam who authored that statement so he could not have been the same person to have cautioned us.
