Ken Ofori-Atta’s caution statement cannot be taken through Zoom – OSP details

Sammy Darko is the Director of Strategy and Communication at the Office of the Special Prosecutor (OSP). He explained that they cannot take former finance minister Ken Ofori-Atta’s caution statement via Zoom.

Darko emphasized that Ofori-Atta has not been arrested. Therefore, taking his statement through Zoom is not applicable. He stated that a suspect cannot be arrested or questioned through Zoom.

On June 7, Darko spoke on TV3 KeyPoints. He addressed confusion among lawyers regarding Ofori-Atta's status. Some lawyers treat him as if he has been charged with a crime.

Darko clarified that mutual legal assistance applies only when someone is arrested and charged. Currently, Ofori-Atta has not been arrested by any law enforcement agency. Thus, taking his statement via Zoom is not possible.

He also discussed trials in absentia under Article 19 (3) of the constitution. This article outlines conditions for such trials, which require an accused person to be arrested first. A person can only be tried in absentia if they disrupt proceedings or refuse to attend court after being charged.

Darko referenced the case of Kwakye vs the Republic to support his points. He noted that individuals must be present for their trial unless they choose otherwise.

The Special Prosecutor, Kissi Agyebeng, rejected Ofori-Atta’s request for a virtual session. He insisted that Ofori-Atta must appear physically at the OSP office.

Agyebeng stated, “This office has always requested his attendance.” He added that they are unwilling to waive this requirement. If they were open to taking statements in absentia, it would have happened earlier.

Agyebeng stressed that suspects cannot dictate how investigations are conducted. They insist on having Ofori-Atta present for questioning in this case.