Legal counsel for Assin Central MP, Kennedy Agyapong, has protested the use of a video recording as evidence against his client who has been cited for contempt.
Kwame Gyan argued in court that the video recording downloaded from Youtube was unreliable.
“I am at a loss as to whether we sitting here can rely on the information on Youtube. We can’t vouch for the integrity of the info on Youtube platform” theghanareport.com’s court reporter transcribed.
For comments made on his TV station Net 2 TV, the Assin Central MP has been charged with insulting a judge, scandalising the court and bringing the court into disrepute.
Kennedy Agyapong pleaded not guilty to the charges, following which the court played the video containing comments made on September 2, 2020.
The tough-talking NPP financier called the judge ‘foolish’ and ‘stupid’.
But protesting the use of the video, legal practitioner, Kwame Gyan, wanted the judge to dismiss the use of this video as evidence against his client.
“My Lord, I will have to apply to Youtube because Youtube has a massive disclaimer regarding these things. We are relying on evidence from Youtube…as a practitioner l don’t think it’s fair for me to subject my client to this process and my lord, I am buttress by law.”
He referred to Section 6 of the Electronic Communication Act.
But the judge dismissed the legal practitioner’s argument.
“The information on Youtube was not put on Youtube by itself. The info was put there in respect of the statement made by the defendant. Being visual and audio can be seen by all reasonable persons.”
“Therefore, the video will be played in court and a copy put on the pendrive thereafter together with a transcription of the word authored by third defendant for counsel to study.”
Net2 TV has a Youtube channel where its programs are streamed live. The video containing the MP’s vituperative comments remains on the channel.
