THE REPUBLIC v. EUGENE BAFFOE-BONNIE & 4 ORS.

This case involved a reference to the Supreme Court for the interpretation of Article 19(2)(e) and (g) of the 1992 Constitution in the context of a criminal trial. The High Court made the reference during the trial of five accused persons charged with various offences, including causing financial loss to the state. The accused sought pretrial access to all evidence the prosecution intended to rely on, arguing that it was their right under Article 19(2)(e) and (g). The Supreme Court held that an accused person in a summary trial is entitled to comprehensive pretrial disclosures, including all materials in the possession of the prosecution, whether or not they intend to tender them in court. The Court noted that the duty to disclose is a constitutional mandate meant to ensure a fair trial. However, the duty to disclose is not absolute and is subject to public interest considerations such as state security and the protection of witnesses. The prosecution is required to make disclosures before the commencement of the trial or within a reasonable time during the trial before the materials are tendered in evidence.