GH - REPUBLIC v. ACCRA CIRCUIT COURT; EX PARTE APPIAH

JUDGMENT OF ANTEKYI J.

Pursuant to leave granted on 11 November 1980 the applicant applies for an order of certiorari "to quash the ruling of his Honour Judge Owusu-Sekyere in the case Republic v. J. E. K. A. Appiah dated 5 November 1980 and for such further or other orders as to this honourable court may seem meet". His affidavit filed on 11 November 1980 verifying the facts states:

"2. That I have been charged with the offence of extortion contrary to section 239 (1) of the Criminal Code, 1960 (Act 29) for demanding and receiving from Messrs H. K. Djaba and E. K. Owusu the sum of 1,000 pounds and 10,000 pounds respectively.

3. The case is now pending before his Honour Mr. Owusu Sekyere, Circuit Judge, Accra, Court A.

4. That during the hearing, the prosecution called one Mr. Opata, Superintendent of Police, CID Headquarters, Accra, who in his evidence said he received an envelope containing:

(i) Two Barclays Bank International, London, cheques for 1,000 pounds each numbered 156773 and 156774.

(ii) Giro (paying slip) dated 12 December 1979 for 1,000 pounds.

(iii) Giro (paying slip) dated 11 January 1980 for 10,000 pounds.

(iv) Bank Statement No. 1980/1.

5. That Mr. Opata sought to tender these documents in evidence.

6. That my leading counsel, Enoch D. Kom, objected to the admission of the said documents on several grounds, inter alia, that:

a. the documents sought to be tendered are bank documents and as such caught by section 165 of the Evidence Decree, 1975 (NRCD 323).

b. the documents, some of them at least, infringe section 165 of the Evidence Decree 1975;

c. that no sufficient foundation has been laid for the tendering of the documents;

d. that as Mr. Opata is not the author of the documents, he cannot be cross-examined as to the contents of the documents:

e. that the documents cannot and should not be admitted as proof of their contents.

7. That the honourable Deputy Attorney-General, Mr. A. L. Djabatey, who was leading the prosecution made a lengthy reply.

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8. That my counsel's submission and those of Mr. Djabatey are contained in the records of the court.

9. That the learned circuit judge Mr. Owusu-Sekyere, in a rather short ruling held that the documents were admissible and were admitted and marked exhibits U, V, W, X and Y.

11. That I am informed by my counsel and verily believe same to be true that there is an apparent error on the face of the record by the wrongful admission of the said documents".

In arg