[2010]DLHC16762 • July 16, 2010 • High Court
THE REPUBLIC vs. DR RICHARD WINFRED ANANE & 3ORS AND PROF GEORGE GYAN-BAFFOUR & 4 OTHERS (OUTSIDE THE JURISDICTION)
The case involved applications by accused persons seeking pretrial disclosure of prosecution witness statements and documentary evidence to facilitate their defense, invoking Article 19 of the 1992 Constitution. The prosecution opposed the applications, arguing that the Criminal and Other Offences Act, 1960 (Act 30) governs disclosure rules and does not require such pretrial disclosure in summary trials. The accused contended that sections of Act 30 conflict with constitutional rights, necessitating Supreme Court interpretation.
read moreRULING Before this court for determination are 3 applications, namely: (1) Application for discovery and production of documents and for List of witnesses and their statements in aid of Article 19 of the Constitution, filed on 23/04/2010 by Zoe, Akyea & Co., the Solicitors for the 3rd Accused person; (2) Motion on Notice filed on 26/04/10 by Mr Acquah Sampson on behalf A1 (Dr Richard Winfred Anane) for an order directing the Director of Public Prosecutions (DPP) to supply the Applicant with copies of all Statements made to the Police by all potential witnesses for the Prosecution in the instant case as well as all document/exhibits that the Prosecution intends to rely on at the trial; and (3) Application filed on 26/04/10 by Mr Egbert Faibille on behalf of 4th Accused person for an order directed at the Attorney General to furnish applicant with all copies of all documents and/or exhibits the Prosecution intend...