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JUDGEMENT
JUDGEMENT
WELBOURNE (MRS), J.A.
Background:
This appeal is brought by the 1st & 2nd accused persons as Appellants. The Appellants and the 3rd accused person are standing trial on indictment before the High Court, Accra.
The Appellants have been charged with the offences of Conspiracy to commit murder and murder and the 3rd accused has been charged with the offence of abetment of murder.
During the course of the trial, the Appellants raised an objection to the tendering of the confession caution statement that the police procured from the Appellants. On 1st December, 2015, the trial judge ordered a mini-trial to determine whether or not the statements were obtained voluntarily.
On 17th December, 2015, the trial judge dismissed the objection of the Appellants and admitted the confession caution statements in evidence as Exhibits ‘A’ and ‘B’ respectively.
(The ruling can be found at pages 53-54 of the record of appeal)
Dissatisfied with the ruling, the Appellants filed the following grounds of appeal:
a. That the trial judge erred in holding that the caution statements were voluntarily obtained from Appellants and,
b. That the ruling admitting the caution statements in evidence cannot be supported having regard to the evidence adduced at the mini-trial and the law.
The grounds shall be considered together as they are inter- related. The whole appeal hinges on whether or not the confession statements were taken voluntarily or not. In such a determination, one has to look at the procedure used in obtaining the statements. The Evidence Act, 1975 (as amended) provides that:
Section 120:
1. In a criminal action, evidence of a hearsay statement made by an accused admitting matter which:
a. Constitute; or
b. Forms an essential part of; or
c. Taken together with other information already disclosed by him is a basis for an inference of,
The commission of a crime for which he is being tried in the action is not admissible against him unless the statement was made voluntarily.
2. Evidence of a hearsay statement shall not be admissible under subjection (1) if the statement was made by the declarant while arrested, restricted or detained by the State unless the statement was made in the presence of an independent witness (other than a police officer or member of the Armed Forces) approved by the accused.
3. The independent witness must be a person who:
a. Can understand the language spoken by accused;
b. Can read and understand the language in whic