[2010]DLCA3652 • March 26, 2010 • Court of Appeal
THE REPUBLIC vs. DR. ADU TUTU GYAMFI AND TWO OTHERS
On 24/7/2000, the three respondents were arraigned before the Ashanti Regional Tribunal on charges including forgery, uttering forged documents, possessing forged documents, and abetment of forgery. They pleaded not guilty. The prosecution called six witnesses, including a handwriting expert. The trial tribunal sustained objections to recalling a witness and later dismissed the case after sustaining an objection to the nolle prosequi filed by the prosecution, acquitting and discharging the respondents.
read moreF.G.KORBIEH, J.A. The facts leading to this appeal are rather simple; they are as follows: on the 24/7/2000 the three respondents were arraigned before the Ashanti Regional Tribunal on various counts; the first respondent to one count of forgery of document, one count of uttering forged document and one count of possessing forged document; the two others to one count of abetment of forgery. They all pleaded not guilty to all the charges and the case went to trial. The prosecution called six witnesses in all after which it tried to recall P.W.5 (Det. Sgt.Godwin Lavoe) who had earlier on testified as a hand-writing expert. Counsel for the first respondent counsel and counsel for the second and third respondents respectively objected to the prosecutor’s attempt to recall P.W.5. The tribunal adjourned its sitting and subsequently delivered a written ruling sustaining the objection. At the next adjourned date, before proceedings could continue, counsel for the appellant referred the tria.....