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May 30, 2025
HIGH COURT
GHANA
CORAM
In the trial of this case, the investigator Detective Chief Inspector Issah Ballu on the 12th of December 2024 during his evidence on oath sought to tender into evidence the caution statements and charge statements of the A2 and A3. Counsel for the A2 and A3 raised an objection to its admissibility. The basis of his objection is that “…accused persons speak English and was recorded down in English on behalf of both of them. What actually transpired was that, they were battered so badly, beaten up that they could hardly even hold a pen and write so most of the statements taken down by the investigator was not from the accused persons because they were nursing their bruises from the beatings so the statements were taken under torture. A2 and A3 were beaten and made some statements which were extracted under torture and the rest came from the fertile imagination of the investigator.
In a sharp rebuttal, counsel for the Republic argued that “the statement of Counsel for A2 and A3 are untrue and unfounded. We wish to proceed under Section 120 of the Evidence Act.”
The statements are the caution statement of the A3 dated the 23rd of March 2017 exhibit MTA, the caution statement of the A2 dated the 16th of March 2017 exhibit MTB, and the charge statement of the A2 dated the 19th of March 2017 exhibit MTC.
The A2, A3 and two others that is A1 and A4 had been arraigned before this court on the 4th of April 2023 on a charge sheet filed at the Registry of the court on the 29th of December 2022 which said charge sheet was amended on the 7th of June 2023 and further amended on the 24th of June 2024. The accused persons all pleaded not guilty to the offences charged. In the further amended charge sheet filed on the 24th of June 2024, the accused persons were charged as follows:
Conspiracy to steal contrary to sections 23(1) and 124 (1) of the Criminal Offences Act, 1960 (Act 29)
COUNT TWO: A1, A2 AND A3
Stealing contrary to Section 124(1) of the Criminal Offences Act, 1960 (Act 29)
COUNT THREE: A1 AND A2
Conspiracy to commit money laundering contrary to Section 23(1) of the Criminal Offences Act, 1960 (Act 29) and Section 1(1) (C) of the Anti-Money Laundering Act, 2008 (Act749) as saved by Act 1044
COUNT FOUR: A2
Money laundering contrary to Section 1(1) (C) of the Anti-Money Laundering Act, 2008 (Act749) as saved by Act 1044
COUNT FIVE: A2
MONEY LAUNDERING contrary to Section 1(1) (C) of the Anti-Money
AI Generated Summary
During a criminal trial at the High Court, Detective Chief Inspector Issah Ballu sought to tender caution and charge statements of Eric Dotse alias Mubarak (A2) and Kofi Ansah (A3). Their counsel objected, alleging the statements were extracted under torture and embellished by the investigator. The Republic invoked Section 120 of the Evidence Act, seeking a voir dire. Prosecution witnesses PW1MT Augustine Dery and PW2MT Seth Nyarko, acting as independent witnesses, and PW3MT the investigator testified that the statements were made voluntarily, read over to the accused, understood, and certified. A2 and A3 testified to beatings but provided no medical reports, complaints, or corroborating evidence. The judge applied Ghanaian authorities on confessions and burdens of proof, found the statements voluntary, concluded the independent witness requirements were met, rejected A2’s illiteracy claim as an afterthought contradicted by English-language documents, and overruled the objection, admitting Exhibits MTA, MTB and MTC.