[2001]DLCA1266 • September 27, 2001 • Court of Appeal
SELORMEY vs. THE REPUBLIC
The appellant was charged with conspiracy to cause financial loss to the State, causing financial loss to the State, and defrauding by false pretences related to a payment of US$1,297,500 to Dr. Boadu under the court computerisation project. The appellant claimed a contract existed authorizing the payment, supported by a compact disc containing legal materials and attachments to a letter (exhibit 7) tendered as evidence. The prosecution objected to the admissibility of these items, leading to interlocutory rulings challenged on appeal.
read moreJUDGEMENT Gbadegbe JA. Delivered the first judgment at the invitation of Afreh JA. In the course of the hearing of certain charges against the appellant herein before the High Court, Accra the appellant sought to have certain documents, namely a comptact disc and attachments to exhibit 7 tendered in evidence; to which the prosecution (hereinafter referred to as the respondent) raised objections resulting in rulings which are the subject matter of the appeals before us which are in their nature interlocutory. It is important to observe at this point that in the course of these proceedings both counsel and the court were unable to determine with any certitude the time frame provided under the Court of Appeal Rules, 1997 (CI 19), the rules of this court, the time limit within which a party who desires to appeal from an interlocutory decision in a criminal matter may do so. I note in particular that whiles as regards civil matters there is a time limit provided in rule 9 of CI 19, in...