Former Public Relations Officer (PRO) for the Ghana Education Service (GES), Kwasi Kwarteng, has opined that although the law of evidence requires that he who alleges must provide evidence, it does not apply in the case of Reverend Ntim Fordjour in his allegations of cocaine and money laundering involving two aircraft that landed in Ghana recently.
Mr. Fordjour, who is a legislator, recently raised questions about what he described as the unexplained presence of two foreign aircraft in the country: AirMed flight N823AM and the Cavok Air Antonov An-12B.
The MP had alleged that the two aircraft were engaged in the transportation of cocaine and money laundering activities.
He has since been challenged to provide evidence to support his allegations.
But Mr. Kwarteng, a private legal practitioner says the lawmaker is not required to provide any other evidence since his allegations are enough evidence to warrant an investigation by authorities.
”In law, circumstantial evidence relies on inference or deduction to establish a connection to a conclusion, rather than providing direct proof. For instance, consider a gunshot that was not witnessed, yet the circumstances allow for a logical conclusion. However, in this particular case, the complainant is not providing the evidence. Typically, in criminal proceedings, the complainant presents evidence, which the prosecutor then investigates. Ntim Fordjour merely needed to announce prompt law enforcement agencies to initiate an investigation. Nonetheless, the NDC and its members are adopting a defensive and dismissive stance regarding the investigation. This is not an issue, as someone claimed to have gathered intelligence, making it appropriate for the authorities to investigate the matter.”
Speaking on Frontline on Rainbow Radio 87.5FM, Mr Kwarteng indicated that the issue is one that requires a thorough probe to determine those behind the incidents.
‘’What has happened calls for investigation, and the government is calling for evidence, but it does not work that way. I know that in law whoever alleges must prove, but it does not suffice in this context. In this case, Ntim Fordjour is only a complainant, and the state would have to investigate and provide the burden of proof. It is not the duty of the complainant (Ntim Fordjour) to bring evidence. All he has to say is to make his complaints for the security agencies to prove.’’
By: Rainbowradioonline.com/Ghana
