AKUA ANDAM VS THE REPUBLIC
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE JOHN-MARK NUKU ALIFO “J”
Areas of Law
- Evidence Law
- Criminal Law and Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves an appeal regarding the admissibility of a confession statement in a theft case. The trial court had held a mini-trial to determine whether an independent witness was present during the confession, ultimately ruling that the witness was present and admitting the confession as evidence. The appellant argued that the witness's absence rendered the confession inadmissible. The appellate court upheld the trial court's decision, finding that the confession was legally obtained in compliance with the Evidence Act, specifically Sections 117 and 120, which permit the admission of hearsay evidence in the form of confessions under specific conditions.
This appeal originates from the Ruling of the Circuit Court in Cape regarding primarily the admissibility of a confession statement in an ongoing criminal trial.
Brief facts The brief facts of the case are that the Accused and Appellant in this appeal who is standing trial for the offence of stealing contrary to Section 124 (1) of the Criminal Offenses Act 1960 (Act 29) is alleged to have volunteered statements to the Police amounting to a confession admitting to the offence in two Investigation Caution Statements labeled Exhibits “A1” & “A2” all dated 11th August, 2022. During the evidence-in-chief of the Police Investigator PW2 in whose presence the confession was volunteered, the Prosecution sought to tender the said exhibits in evidence to which Learned Counsel for the Accused robustly objected on the ground that an independent witness was absent during the recording of the confession statement amounting to a breach of Section 120 (2) & (3) of the Evidence Act, 1975 (NRCD 323). Upon considering the totality of the objection made by Counsel for the Accused, the Learned Trial Judge ordered a Mini-Trial to determine whether or not an Independent Witness was present when the statements of the Accused were taken in compliance with statutory requirements.
At the close of the Mini-Trial, the Learned Trial Judge in her Ruling dated 5th June, 2023 found that an Independent witness was present and subsequently admitted into evidence Exhibits “A1” & “A2” being the Investigation Caution Statement and Further Investigation Caution Statement of the Appellant.
Dissatisfied with the said Ruling, Appellant appeals to this Court on the following grounds: 1. That the Ruling by the Learned Trial Judge is not supported having regards to the evidence on record.
2. That Learned Trial Judge erred by Ruling that the Investigation Caution Statement was obtained in compliance with the law governing the procurement of a Confession Statement.
Reliefs sought: 1. That the Ruling on the Mini-Trial be set aside as same is not supported by evidence on record and Rules governing the procurement of Confession Statement.
2. An order declaring the Investigation Caution Statement is inadmissible in evidence.
Although the Notice of Appeal indicated that further grounds would be filed upon receipt of the Record of Appeal, no additional grounds were argued.
The Appellant had previously on 16th May, 2023 filed a Notice of Appeal against the Ruling of the same trial court made on 18th