REPUBLIC VS JOSEPH BART ABBAN
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE MARY M.E YANZUH
Areas of Law
- Criminal Law and Procedure
- Evidence Law
- Intellectual Property Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
Joseph Bart Abban was charged with unauthorized reproduction and distribution of Ghana Law Reports. The prosecution presented evidence that the accused did not have a valid license from the Council for Law Reporting. The defense's argument of a valid license could not be substantiated with evidence. The court held the prosecution had proven the guilt of the accused beyond a reasonable doubt and convicted him on both counts.
The accused person has been charged with the offence of reproduction of soft copies of Ghana Law Report without authorization contrary to Section 42(a) of the Copyright Act, 2005, Act 690 and a second count of Distribution of Soft Copies of Ghana Law Report without authorization contrary to Section 42(c) of the Copyright Act 2005, Act 690. The accused person pleaded not guilty to all the charges on the 21st of April 2023 after same were read and explained to him in the English language.
FACTS OF THE CASE According to the prosecution, on the 10th September 2019, the complainant, Vincent Amelor, a member of Council for Law Reporting, chanced upon the accused Joesph Bart Abban and one Emmanuel Quansah selling the electronic version of the Ghana Law Reports at the Western Plus Atlantic Hotel during the Annual Ghana Bar Association Conference in Takoradi.
They were arrested by the police and sent to the Takoradi Police Station with the laptops, materials and equipment which was setup to display the Digital Attorney for sale.
The prosecution states that investigations revealed that the accused person invited Emmanuel Quansah to assist him at the conference and he had no idea whatsoever about the lack of due processes.
The case of the prosecution continues that the accused person in his statement to the police dated 10th September, 2019 stated that his company, Easiwave Systems Limited of which he is the CEO has been licensed by the Council for Law Reporting to publish electronic copies of the Ghana Law Reports.
He further stated that the license was issued around 2003 and that he had since not received any correspondence to the effect that the license has been revoked.
The prosecution added that in a letter dated 21st July 2020, the Council for Law Reporting denied ever issuing a license to the accused person’s company and there is no evidence on record to support the fact that the accused person received any license from the Council for Law Reporting.
BURDEN OF PROOF It is trite that the Prosecution which brings an accused person before the court to set the wheels of the criminal trial running always has the burden to prove the guilt of the accused person unless a statute otherwise states.
That is because it is the Prosecution which has asserted a wrongdoing on the part of the accused person and therefore bears the burden to prove same beyond a reasonable doubt.
This therefore requires the prosecution to lead sufficient and credible evidence to prove b