[1981]DLCA2200 • May 6, 1981 • Court of Appeal
REPUBLIC vs. ACCRA CIRCUIT COURT; EX PARTE APPIAH
The appellant, a special prosecutor, was charged with extortion involving sums of money allegedly paid into his Barclays Bank International account in London. The prosecution sought to tender five original bank documents as evidence, which were objected to on grounds of hearsay and improper tendering by a witness not connected to the bank. The trial court admitted the documents, leading to a certiorari application to quash the ruling, which was dismissed by the High Court. The appeal challenges the admissibility of the documents and the exercise of judicial discretion.
read moreJUDGMENT OF FRANCOIS J.A. This appeal from the refusal of Anterkyi J. to quash by certiorari, a ruling of an Accra Circuit Court, raises very narrow but important issues on the Evidence Decree, 1975 (NRCD 323). The special prosecutor of the special tribunal stood trial at the circuit court on charges of extortion. It was part of the prosecution’s case that certain persons appearing before the special tribunal had been induced to part with sums of money which had gone to swell the accused’s bank account at Barclays Bank International, Cockspur Street, London. Proof was attempted by tendering in evidence five original documents, namely. (1) Two Barclays Bank International, London, cheques for £100 each, numbered respectively 156773 and 156774. (2) Giro paying-in-slip dated 12 December 1979 for £1,000. (3) Giro paying-in-slip dated 11 January 1980 for £10,000. (4) A bank statement No. 1980/1. The tender was resisted and this led to a legal wrangle proceeding from the cir...