An Accra High Court Judge, Justice Charles Quist, who is hearing the trial of Adamu Daramani Sakande, Member of Parliament (MP) for Bawku Central, will on June 6 determine whether or not to permit the MP to identify a document believed to be from the National Security.
This was after Yoni Kulendi, counsel for the accused person, objected to the identification of the document by the MP at the instance of the principal state attorney, Rexford Wiredu, during cross-examination.
Mr. Kulendi objected to the identification of the document marked as confidential, with the letterhead of the National Security Coordinator, Lt Col (rtd) Larry Gbevlo-Lartey, and addressed to the Director-General of Criminal Investigations Department, the Attorney-General and Inspector General of Police, on the grounds that it was addressed to the MP.
According to Mr. Kulendi, the letter, apart from the fact that it was marked confidential, was not authored by the MP so he could not be asked to identify it under Section 60 and 136 of the Evidence Decree.
He noted that in the course of the trial, no evidence had been laid by the prosecution on the document, adding that his client had no personal knowledge of it.
However, Mr. Wiredu was of the opinion that the document was a rebuttal of the some of the documents tendered by the MP and so he should be made to identify them.
The state attorney said the governing provision on identification of documents, which also regulates the signatory of foreign officials, was under section 161.
Counsel for the MP observed that if the court permitted the accused person to identify the document, and thereafter tendered it, the defence team would not have the opportunity to cross-examine Mr. Gbevlo-Lartey and the others, as well as those who are purported to have signed the attached correspondence between Ghana and the United Kingdom.
Furthermore, he stated that identifying the document would occasion a substantial miscarriage of justice because the document could have a likelihood of prejudice against the accused person.
He said this would offend the provisions of Sections 56 of the evidence decree, adding that the recent revelations by Wikileaks showed that government officials could sometimes exaggerate cases in the course of their work.
The trial judge has adjourned the case to June 7, 2011 for a ruling. The accused person, under cross-examination, stated that he had to flee to the United Kingdom (UK) in the early years of the revolution in the 80�s because his life was in danger.
He noted that he initially went to Togo, and then later to Burkina Faso, where with the help of some friends he managed to get to the UK, adding that �when your life is in danger you would do anything to get out�.
The MP said this during cross-examination by Mr. Rexford Wiredu, the prosecuting state attorney in the case.
In relation to allegations by Mr. Wiredu, that he held a Burkinabe Passport, the MP said what he had, which the state alleged was a passport, was a travelling document issued to him by the British Authorities to enable him to travel.
The accused person, a security management specialist, said whatever documents he took to the United Kingdom (UK) were taken from him by the authorities there before he was given British Citizenship.
In response to why he did not give his correct particulars to the British Authorities, to show he was a Ghanaian after he arrived there, the MP stated that he gave his correct particulars to the authorities.
In addition, the MP said the information, based on which he was handed the British Citizenship, bore his place of birth as Bawku in Ghana.
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