The Special Prosecutor, Mr. Kissi Agyebeng, has shed light on the intricate workings of undercover journalism and sting operations, emphasizing their pivotal role in uncovering criminal activities.
According to Mr. Agyebeng, a sting operation involves the creation of an opportunity for potential offenders to commit a crime, which is then used as concrete evidence for prosecution.
He highlighted the controversial nature of such operations, citing concerns about invasion of privacy and entrapment, which have sparked intense debates among critics and proponents alike.
“In the context of undercover investigative journalism, sting operations are usually characterized by the feigning of interest in a matter by undercover agents and the provision by them of opportunities for the commission of prohibited acts by the person of interest through winning the confidence of the person of interest for the person of interest to reveal his or her criminal activities or for the person of interest to commit a crime. The undercover agents usually secretly audio-visually record the acts of the person of interest as evidence of their criminal culpability.”
Kissi Agyebeng
He admitted the divisive opinion on the subject matter.
“Sting operations are controversial and divisive of opinion. This largely stems from the fact that the undercover agent never has a real intention of committing a crime and yet sets up the props and the platform for the commission of a crime by the person under investigation. In particular, the undercover investigative journalistic type evokes an intense reaction from its critics.”
Kissi Agyebeng
He emphasized that critics of undercover investigative journalistic sting operations also claim that it constitutes entrapment. According to these critics, the individuals captured on camera committing criminal acts had no initial intention to commit a crime. Proponents argue that these individuals were swayed by the provocations and inducements of the undercover agent, suggesting that, without the planted seeds and active encouragement of the undercover agent, the person caught in the act on tape would not have engaged in the criminal behavior.
“In the estimation of the opposers, the audio-visual recording of a person without his consent violates that person’s right to privacy”, he added.
However, citing global trends, Mr. Agyebeng emphasized the increasing acceptance of unconventional techniques in crime detection, aligning with the United Nations Convention Against Corruption’s advocacy for the use of surveillance and undercover operations within the confines of domestic laws.
Investigative Journalist In The Case Of Charles Adu Boahen
The Special Prosecutor’s remarks were prompted by the investigation into allegations leveled against former Minister of State at the Finance Ministry, Charles Adu Boahen, featured in the documentary ‘Galamsey Economy’ by Tiger Eye PI, spearheaded by renowned investigative journalist, Anas Aremeyaw Anas.
Agyebeng clarified that the allegations against Adu Boahen were situated within the context of undercover investigative journalism, a technique that has drawn both support and criticism for its unconventional approach to exposing criminal activities.
Addressing the objections raised against sting operations, Agyebeng presented a detailed scenario involving the choices and actions of three individuals, illustrating the decision-making process leading to criminal behavior.
He pointed out the responsibility of individuals in succumbing to criminal temptations, rejecting the notion of entrapment and labeling it as a test of moral fortitude.
He, however, concluded that in the case of Mr Charles Adu Boahen, he engaged in influence peddling. According to Mr. Agyebeng, Mr. Charles Adu Boahen could not be prosecuted since influence peddling is not criminalized in the laws of Ghana.
Thus, the investigations on the matter at the Office of the Special Prosecutor has been closed.
