MAURICE ASOLA FADOLA v. REPUBLIC
2012
COURT OF APPEAL
GHANA
CORAM
- APALOO JA (PRESIDING)
- DUOSE JA
- GYAESAYOR JA
Areas of Law
- Criminal Law and Procedure
- Evidence Law
- Civil Procedure
2012
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
In this case, the appellant sought a stay of proceedings to have prosecution witnesses referred for psychiatric evaluation, fearing their mental state might affect the fairness of his trial. The trial court dismissed this request, leading to an appeal. The appellate court held that no exceptional circumstances were shown to warrant the stay, reinforcing that even witnesses of unsound mind are competent under existing law. The appellate court also noted that improper actions by a trial judge could be reversed on appeal. Consequently, the motion for stay was dismissed.
R U L I N G
APALOO JA; In this application for stay of proceedings in the High Court, Mr. Attah Akyea Counsel for the Appellant/Applicant has urged before us the need to make an order for stay of proceedings mainly because he had by a motion requested for referral of witnesses for the prosecution to a psychiatrist to determine their mental state before hearing commenced but the trial Court proceeded to hear the testimonies of the witnesses. The Court subsequently refused and/or dismissed the application. Counsel had appealed against that ruling.
The applicant by his affidavit before us has stated that;
“12. I stand a real danger of having individual who might be mentally
challenged to testify against me concerning any weird and
imaginary issues.
13. There is the likelihood that I might be imprisoned on the basis of
hallucinations and make-believe.
14. Unless this Honourable Court stays the proceedings of the High
Court, I may suffer irreparable loss.”
In sum, his paragraphs 12, 13 and 14 disclose the fear he harbours against the mental state of the potential witnesses. Indeed the applicant had been charged with 37 (thirty-seven) counts of defrauding by false pretences contrary to section 131 (1) of the Criminal Offences Act 1960, one count of money Laundering contrary to section 1(1) of the Anti-Money Laundering Act 2008 Act 749 one count of possession of Forged document contrary to section 166 of the Criminal Offences Act, 1960 and one count of Possession of Firearms without proper authority contrary to section 11(a) of the Arms and Ammunition Act 1972, NRCD 9 before the High Court Accra.
It is clear from the law that in an application for stay of proceedings the applicant must establish that there are in existence exceptional circumstances warranting the grant. It has also been held that in such applications the Court was exercising a fresh jurisdiction and therefore not sitting on appeal. See The Republic vrs Committee of Inquiry (R. T. Briscoe (Gh) Ltd) Ex parte R. T. Briscoe [1976] 1 GLR 166 CA.
The applicant had argued against the ruling of the lower Court and its conclusions concerning the refusal for the psychiatric referral of witnesses before their testimonies are taken. It is our duty in this application to refrain from determining the substantive appeal before the court but we shall express the view that notwithstanding the novelty of this application in our jurisprudence, we are not bound by the weight of foreign authorities ci