The Accra High Court trying Samuel Ofosu-Ampofo and Anthony Kwaku Boahen for an alleged conspiracy to cause harm, assault on public officers has asked the two to open their defence.
Justice Samuel K.A.Asiedu, Justice of the Supreme Court with additional responsibility as a High Court Judge, in his ruling, said there were evidence on record in respect of the charges.
This was when the Defense counsels had filed submission of no case to answer and prayed the Court to acquit and discharge their clients as prosecution had not proven the charges against them.
Prosecution called three witnesses to give evidence to proof the charges against the accused persons and then closed its case on November 24, 2022.
Ofosu-Ampofo, the immediate past chairman and Boahen, a communication director of the National Democratic Congress, respectively are being held for conspiracy to cause harm and assault on public officers.
They have denied the charges and are currently on GHS100,000.00 bail, each.
The Court upheld that it had become common practice where some counsels make submission of no case to answer in the teeth of direct cogent evidence implicating the accused in the crime charged.
The practice, he said delayed the dispatch of work in the criminal court.
He explained that a submission of no case can be made when: there has been no evidence to prove an essential element in the crime charged, when prosecution’s evidence had been discredited during Cross-examination or it becomes unreliable that the court cannot rely on it as well as when evidence is evenly balanced (consistent with guilt and one with innocence).
The Court ruled that there is evidence on record in respect of the charges brought against the two, adding that the Court is satisfied that the evidence before it is fit and proper that the accused be called to open their defence.
The Prosecution had earlier told the Court that the accused persons had been captured in an audio recording of the proceedings of a meeting on February 3, 2019, planning a roadmap of criminal activities targeted at the Chairperson of the Electoral Commission (EC) and the Chairman of the National Peace Council, among others.
The meeting followed the January 31, 2019, Ayawaso West-Wuogon by-election, which turned violent, following a clash between some National Security operatives and supporters of the National Democratic Congress suspected to be vigilantes.
The audio recording was played on some radio stations and according to the prosecution, the Criminal Investigation Department of the Police Service, later intercepted the tape.
The Prosecution said Mr Boahen had confirmed that he was at the said meeting and confessed on a radio station that the information on the tape was true.
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