[ad_1]
A video recording that is the subject of a contempt process initiated against the member of parliament (MP) of the New Patriotic Party (PNP) of Assin Central, Kennedy Ohene Agyapong, was played yesterday before a High Court in Accra hearing the case.
The adoption and subsequent reproduction of the tape was not without controversy, as the defendant’s attorneys, led by Kwame Gyan, vehemently opposed the manner in which the videotape was acquired.
Mr. Agyapong was summoned to appear in court to demonstrate why he should not be “severely punished if found in contempt of court” after certain statements he allegedly made against a judge hearing a civil case against him and two other people.
The tape in the court’s possession was downloaded from a video streaming website, YouTube, and defense attorneys were of the opinion that the court could not rely on the tape in court proceedings that could restrict their client’s freedom.
Mr Gyan argued that such a statement was allegedly made on ‘Net2 TV’ and ‘Oman FM’ and it would be appropriate to ask these media outlets for the true copies of the video and audiotape rather than resorting to what is on YouTube . .
He said that under the Communication Act, the court would have to submit a formal request to YouTube because they (YouTube) have a massive disclaimer regarding things floating on their platform.
“With the utmost respect, I do not think it is fair for me to subject my client to this process and my Lord, I am backed by the law, the Electronic Transactions Act of 2008 … I do not know if we are sitting here can attest to the credibility of the information in court as YouTube does not claim responsibility. We cannot guarantee the integrity of the information on YouTube due to the massive disclaimer I mentioned. ”
Although the court, chaired by Judge Amos Wuntah Wuni, admitted that YouTube did not upload the information to the website, it held that the information was published there “with respect to the statements of the third defendant, Hon Kennedy Ohene Agyapong,” adding that being visual and audible, the third defendant (Mr. Agyapong) can be seen and heard by all reasonable people; therefore, the video will play on the court.
Petition
Subsequently, the court proceeded to read the charge for which Mr. Agyapong was summoned to appear in court.
The charge noted that the respondent on September 2, 2020 in a program called “The Seat” and broadcast on ‘Net2 TV’ and ‘Oman FM’ made reference to an interlocutory injunction issued by the court and made statements against the judge, namely “you are stupid”, which was intended to lower the integrity of the court and also bring the court into disrepute.
Mr. Agyapong has pleaded not guilty to the charge and the video was later replayed at the court hearing.
Mr. Agyapong’s lawyer then raised his problem with the fact that his client was not informed or notified of the charge, but was forced to testify in court.
Judge Wuni admitted that the accusation had not been met with the defendant and apologized for the mishap.
The court then adjourned the matter until September 28, 2020 for Mr. Agyapong’s attorneys to study the tape and transcripts so they can respond appropriately.
CJ petition
Meanwhile, defense attorneys have filed a stay of proceedings and have also petitioned the Chief Justice Anin-Yeboah for what they call unfair proceedings emanating from the trial court.
According to them, given that Judge Wuni’s authority to hear the matter is being challenged in the Supreme Court, it will be “partial and prejudicial” for him to be a judge in his own way in the exercise of such questionable jurisdiction.
The request for suspension of proceedings is expected to be transferred by the defense team on October 12, 2020.
— Daily guide
