[2011]DLSC2591 • April 18, 2011 • Supreme Court •
GABRIEL JOANNE vs. THE REPUBLIC
The appellant, Gabriel Joanne, an American national, was charged with attempt to export narcotic drugs and possession of narcotic drugs without a license at Kotoka International Airport, Ghana. She was arrested with two others, all found carrying narcotic substances (cocaine and heroin). The co-accused pleaded guilty and were sentenced to 10 years imprisonment. The appellant initially pleaded not guilty with counsel present, but later changed her plea to guilty in the absence of her counsel during trial and was convicted and sentenced to 10 years imprisonment with hard labor.
read moreADINYIRA (MRS.) JSC: I have the privilege of reading beforehand the opinion of my eminent sister Justice Owusu and I agree with her conclusion that the appeal is without merit. I also had the opportunity to read the dissenting opinion of my esteemed brother Justice Dotse which turned on ground (b) of the appeal. I wish his permission make some comments in relation to that ground. Ground (b): ‘’The Court of Appeal erred when it held that the trial High Court was right in accepting the plea of the appellant in the absence of her counsel without explaining the consequences to the appellant.’ His Lordship discussed Articles 14 (2) and 19 (2) (f) of the 1992 Constitution in relation to this ground of appeal. Article 14 (2) provides that: “14(2) a person, who is arrested, restricted or detained, shall be informed immediately in a language that he understands of the reasons of his arrest and detention and of his right to a lawyer of his choice.” I do agree with my brother J...