This case revolves around Bismarck Nana Poku, a radio presenter at Sompa FM in Sunyani, Ghana, who was accused of defilement, specifically having sexual intercourse with a 14-year-old girl named Maame Yeboah. The accusations stemmed from a video circulating on social media, recorded during a live radio program, where Poku allegedly confessed to having multiple sexual encounters with the minor. The video prompted a police investigation, with the assistance of the Domestic Violence and Victim Support Unit (DOVVSU), leading to Poku’s arrest. He was subsequently charged and granted bail while pleading not guilty.
The prosecution’s case hinged on the video recording as primary evidence, aiming to establish a direct link between Poku’s statements and the alleged act of defilement. They sought to prove beyond a reasonable doubt that Poku was not merely engaging in a hypothetical scenario, but confessing to a crime. The minor’s age and school attendance were also likely presented as corroborating details to solidify the charge of defilement. The burden of proof rested entirely on the prosecution to demonstrate Poku’s guilt based on the available evidence.
However, the prosecution faced challenges in substantiating their claims. The ambiguity of the video recording likely played a crucial role. While Poku’s words might have suggested an admission of guilt, the context within the radio program and the lack of direct corroborating evidence left room for alternative interpretations. The defense likely argued that the statement was made within a fictional scenario created for educational purposes. Without concrete physical evidence or eyewitness testimony to connect Poku directly to the alleged crime, the prosecution struggled to establish a conclusive link.
Poku’s defense, presented by his counsel Barimah Agyekum, centered on the argument that the incriminating statement was part of a public education program. They contended that Poku was illustrating a moral lesson about the consequences of wrongdoing, using a hypothetical scenario to emphasize the point that one’s actions ultimately have repercussions. This defense strategy aimed to reframe the video recording not as a confession, but as a dramatic enactment within a broader educational context. The defense argued that the prosecution’s interpretation of the video was a mischaracterization of its intended purpose.
After reviewing the presented evidence and arguments, Judge Akua Adomah Addae of the Fiapre Circuit Court concluded that the prosecution had not met the burden of proof required for a conviction. The judge determined that the evidence presented did not definitively establish Poku’s guilt beyond a reasonable doubt. The ambiguous nature of the video recording, coupled with the defense’s argument regarding the educational context of the statement, likely contributed to the judge’s decision to acquit and discharge Poku. The judge’s ruling effectively ended the legal proceedings against the radio presenter.
The case highlights the importance of clear and compelling evidence in criminal proceedings. While the initial video recording seemed incriminating, the lack of corroborating evidence and the plausible alternative explanation offered by the defense created reasonable doubt. This case underscores the principle that the burden of proof lies with the prosecution, and mere suspicion or ambiguous statements, without substantial supporting evidence, are insufficient to secure a conviction. The judge’s decision emphasizes the crucial role of due process and the presumption of innocence in the legal system.
