DADZIE v. COMMISSIONER OF POLICE

JUDGMENT OF ADUMUA-BOSSMAN J.S.C.

Adumua-Bossman J.S.C. delivered the judgment of the court. This appeal is against the conviction of the appellant on the 23rd June, 1962, by the Western Circuit Court on a charge of perjury contrary to section 210 (1) of the Criminal Code, 1960,1 the particulars being that:

"On 19th February 1951 at Sekondi ... in a written statement made upon oath before Joseph Herbert Ghansah, Commissioner of Oaths, a public officer, you did state that you were one of the subscribing witnesses to the last will of one John Essel Ansah alias Essel Ansah, late of Takoradi deceased; that the testator executed the said will on the date thereon in your presence and that of one Kofi Bissue the other subscribing witness thereto, both of you being present at the same time and both of you attested and subscribed the said will in the presence of the testator, which statement you knew to be false."

The written statement which was sworn to and is the subject-matter of the charge was admitted as exhibit A at the trial; and an important and significant difference in the wording or terms of the oath alleged to have been taken by the appellant as appearing in that exhibit A on the one hand, and as set out in the charge on the other hand, should at once be noticed. It is this, namely, that whereas in exhibit A, after the words: "the last will of John Essel Ansah alias Essel Ansah of Takoradi deceased," the following ensuing words also appear clearly and distinctly, that is to say, the words, "the said will being now hereto annexed bearing date the 3rd day of March, 1946," those latter words, whether by inadvertence or design, are omitted from the words alleged to have been sworn to, as set out in the charge. We shall refer to and comment on this difference [p.247] or variation in the words alleged sworn to as appearing in exhibit A and the charge respectively later in this judgment.

It seems necessary before passing on to our consideration of the questions raised in the appeal, to outline as briefly as possible the events and occurrences which led to the appellant's prosecution. A substantial part of these were contained in a statement which the appellant gave to the police when they first interviewed him about the statement on oath, exhibit A, at Kumasi on the 26th January, 1962. In his statement to the police, he said:

"The will produced to me by the police was prepared by me on 3rd March, 1946, when I was living in Sekondi. The will was prepared