Wednesday, 05 November

NDC Legal Director defends use of co-accused as prosecution witness in trial

Politics
Godwin Edudzi Tameklo

The Director of Legal Affairs for the governing National Democratic Congress (NDC), Godwin Edudzi Tameklo, has shed light on the Attorney-General’s (AG) legal strategy in the ongoing National Service Board (NSB) and Akonta Mining trial, particularly the decision to use a co-accused as a prosecution witness.

In a statement on Facebook, Mr. Tameklo explained that before the prosecution decides to use a co-accused as a witness, the individual undergoes a rigorous vetting process.

“The prosecution team does a lot of simulations and sometimes assumes that the person can, in the worst-case scenario, become a hostile witness capable of undermining the case,” he stated.

He emphasised that the use of a co-accused person as a witness is a well-established legal strategy.

“Even the confession statement of a co-accused person cannot be used against others unless they admit to it.

In other words, you are bound by your own confession statement,” he explained.

Citing a comparative case in South Africa involving a white farmer and his co-accused labourer, Mr. Tameklo illustrated how a former co-defendant’s testimony can become crucial to a prosecution’s success when supported by verifiable evidence.

Turning to the NSB trial, he clarified that the Attorney-General,  Dr. Dominic Ayine, had withdrawn charges against Mildred Donkor, who is now testifying for the prosecution.

“Her testimony is focused on email correspondence detailing how funds were transferred and disbursed.

It is not just oral but supported by documentary evidence,” he said.

Mr. Tameklo stressed that Donkor’s role is that of a witness of fact, not an expert witness.

“She testifies to how she was instructed to withdraw funds and what those funds were used for.

The main charge of stealing is not being anchored on her testimony,” he added.

According to him, the Attorney-General’s approach minimises risk, as the core evidence in the stealing charge is based on documented fund transfers from the NSB account to a private company, BNC Communications Limited, allegedly authorised by the first accused person.

Mr. Tameklo described Dr. Ayine as a “master chessman” whose legal strategy is deliberate and calculated.

“He knows what he is doing, mindful of the risks involved.

He is not putting all his eggs in one basket. His strategy is to encircle the king until surrender becomes the only option,” he remarked.

 

The NSB trial continues as the prosecution seeks to establish its case using both documentary and corroborative witness evidence.

Source: Classfmonline.com/Cecil Mensah