I presented only portions of my WhatsApp messages with AG that supported my case – Richard Jakpa 

The third accused person in the case of the Republic versus Cassiel Ato Forson and two others, Richard Jakpa, has told Justice Afia Serwaa Asare Botwe’s court that he chose to present portions of his WhatsApp chat with the Attorney General (AG), Godfred Yeboah Dame, that supported his case and not the full complement of his exchanges with the AG.

Mr Jakpa made this disclosure when he answered cross-examination questions from the director of public prosecution (DPP) Yvonne Atakora Obuobisa in court today, Tuesday, 18 June 2024. Richard Jakpa according to the DPP sent a total of sixty-eight (68) WhatsApp messages to the Attorney General, Godfred Yeboah Dame, who was present in court by did not conduct the cross-examination. However, the Attorney General sent only two messages in reply to all the messages sent to him by the 3rd accused person.

During his cross-examination by the lawyer for the first accused person which ended on Thursday, 13 June 2024, Mr Richard Jakpa only tendered into evidence a selected portion of the conversation he had on the WhatsApp social media platform with the Attorney General failing to disclose in fully the entire chat he had with the AG.

The prosecution on the other hand tendered the full complement of the WhatsApp messages between the Attorney General and Richard Jakpa. Surprisingly, Jakpa and his lawyers vigorously objected to the tendering of the full conversation between him [Jakpa] and the AG. The court to rule on their objection on Thursday, 20th June.

Cross-examination

The DPP in her cross-examination on the issue of WhatsApp messages that were exchanged between the AG and the 3^rd accused person first asked, “You have said you sent the AG a message on WhatsApp to introduce yourself to him but that is not indicated on exhibit 10 for the first accused person which in (WhatsApp chat you have tendered into evidence)?

Richard Jakpa in his answer said, “It is true, I sent him a message introducing myself but that is not here. I admit that I sent a WhatsApp message introducing myself.”

Question: “You have said that exhibit 10 for the first accused person does not include your introductory message to AG. Is that correct?”

Answer: “That is correct.”

Question: “So, exhibit 10 for the first accused is not the full complement of your WhatsApp conversation with AG?”

Answer: “I presented the relevant portions of the conversation that will make my case. The WhatsApp conversation was between the Attorney General and me and he is at liberty to bring the other portion if he feels it will discredit what I have put out here. But to me, they were not relevant.”

Question: “You sent about 68 messages to the Attorney General and he sent you only two responses?”

Answer: “Yes, my Lord. I don’t have the number of WhatsApp messages I sent off head but what I do know is on his phone and my phone is that he called me and gave me an assignment and I executed the assignment, gave him feedback and he acknowledged the feedback.

“Prior to that, I had sent him a message and requested a private meeting with him at a time and place of his convenience and he responded that he would arrange it at my cousin’s house through my cousin. I didn’t suggest my cousin.”

Illegal recording

Before the DPP commenced the cross-examination of the third accused person, Justice Afia Serwaa Asare Botwe’s court ordered the National Security Architecture of the country to investigate an alleged audio recording of part of court proceedings in the ongoing case on Thursday, 13 June 2024.

The Court of Appeal judge ordered the investigations after her court’s attention was drawn by Deputy Attorney General Alfred Tuah-Yeboah to the audio recording, which is said to have been circulated on certain social media platforms after the court sitting on Thursday, 13 May 2024.

A 26-minute, 50-second audio recording of Richard Jakpa giving his testimony in court on Thursday, 13 June 2024, was widely circulated mostly of messaging app (WhatsApp) after the court sitting in total breach of the Courts Act 1993 (Act 459) which prohibits the recording of court hearings.

The High Court, further ruled that it would be forced to order an in-camera hearing of the rest of the case should anyone attempt to record any more of the proceedings before the court going forward.

Next court sitting

Justice Afia Serwaa Asare Botwe’s court subsequently adjourned the sitting to Thursday, 20 June 2024, for the DPP to continue and concluded the cross-examination of the third accused person, Richard Jakpa. Mr Jakpa after the state concludes its cross-examination, will be required to call the first of his eight witnesses he intends to call to support his defence.

Reporting by Wilberforce Asare in Accra

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