Her Ladyship Justice Afia Serwah Asare-Botwe has admitted all the 68 whatsapp messages between the A-G and Richard Jakpa. Her Ladyship admitted the conversation on grounds of completeness of evidence, fairness to the trial and reciprocity.
The court stipulated today, 20th day of June, 2024 as the day for the tendering of the whatsapp conversation between the A-G and Mr. Jakpa.
The respected Thaddeus Sory upon invitation from the bench firmly objected to the admission of the whatsapp chat. He offered the grounds for his objection as that of relevance and authenticity.
Relying on section 52 of NRCD 232, Evidence Act (1975) Mr. Sory said the admission of the messages will pose a danger of unfairly prejudicing the trial. He said there are missen parts of the conversation between the 3rd accused Richard Jakpa and the A-G and therefore does not give a complete picture of the correspondence between the two.
He also argued that the processes already fled in court suggests that the A-G did not read messages and thus the chat is not relevant for the purposes the A-G wishes to have the whatsapp conversation tendered.
Mr. Sory also argued that the whatsapp chat print-out as sought to be tendered does not reflect the conversation between the A-G and Mr. Jakpa. Mr. Sory relied on the case of Kwaku Baako Jnr. v Kennedy Agyapong which was delivered by Her Ladyship to suggest that evidence may not be admitted on grounds of authenticity.
The learned Mrs. Yvonne Atakora Obuobisa said the conversation was relevant as same was brought before the court through the same witness. She argued that the chat as submitted to court through Mr. Jakpa was incomplete and therefore the chat presented by the A-G completes the conversation between the two.
She also argued eloquently that the messages will better assist the court and also the print-out of their chat had no eliminations. She said it was not enough for Mr. Sory to claim an omission of the chat but that same ought to be particularized.
She also argued that reciprocity required that the part of the chat of the A-G be also admitted as that which Mr. Jakpa found relevant for his case was also admitted and in evidence.
The Court upheld the view of the DPP and said same was subject to weight to be place on by the court. This is same attitude of the court when it admitted the recording between the A-G and Mr. Jakpa on 11th day of June, 2024.
