Counsel for the Assin North MP, Kennedy Agyapong has assured the state will fall again in the new charges it levelled against his client.Ayikoi Otoo said the state has the burden of proof to sustain the new charges of provocation of riots and offensive conduct leveled against his client.The state initially leveled charges of treason felony, attempted genocide and acts of terrorism against Mr Kennedy Agyapong for his declaration of war on radio.The prosecution after several days in court filed a nolle prosequi, Friday only to prefer new charges against the Assin North MP.Ayikoi Otoo told Joy News just as he predicted the state will lose in the gargantuan charges it leveled against his client, he is convinced the state will fall again in the new charges it has preferred against Kennedy Agyapong.He explained his client’s comments were ‘mere vituperation’ and ‘verbal abuse’ which did not and cannot directly be linked to any physical violence.He said the state must prove 'beyond every reasonable doubt' that his client provoked public violence, a task he believes will be difficult to do.According to him, somebody somewhere just wants to make a scape-goat out his client.Ayikoi Otoo also accused the media for playing up the comments by Kennedy Agyapong, insisting they were harmless comments.He assured that ‘’the prosecution will fall’’ again in the new charges it had leveled against Kennedy Agyapong.Meanwhile a lawyer with the NDC legal team says it is not usual for prosecution to vary the charges it leveled against a suspect.Abraham Amaliba said prosecution at all times gathers evidence during trial and if turns out that the evidence it gathered does not support the earlier charge filed, it changes to file new charges.He suspected that was what happened in the case of Kennedy Agyapong.