HEYNE FRANK vs. THE REPUBLIC

APALOO, JA: This is an appeal from the decision of the Greater Accra Regional Tribunal dated 15th January 2010. The appellant was convicted on two counts of offences related to narcotics. The counts were; 1) Attempted exportation of Narcotic Drug without lawful authority. 2) Possession of Narcotic Drug without Lawful Authority. Both counts were contrary to Sections 56(a), 1(1) and 2(1) respectively of the Narcotic Drugs (Control, Enforcement and Sanctions) Act 1990 PNDCL 236. The Court below convicted the appellant and sentenced him to a term of 14 years IHL on each count to run concurrently. In his notice of appeal, the appellant raised four main grounds of appeal, viz; 1. That the conviction ought to be set aside on the ground that it cannot be supported having regard to the evidence. 2. That the Regional Tribunal erred when it relied on the evidence of PW3, D/Insp. C. S. Baidoo in making its decision when the witness was unavailable for cross examination at the trial. ...