[2018]DLHC3495 • February 1, 2018 • High Court
THE REPUBLIC vs. EUGENE BAFFOE BONNIE AND OTHERS
The case involves constitutional motions filed by the 4th and 5th accused persons in a criminal trial, alleging breaches of their constitutional right to a fair trial under Article 19(2)(e) and (g) of the 1992 Constitution of Ghana. The accused persons claim that the prosecution failed to furnish them with necessary documents and witness lists in advance, impairing their ability to prepare their defense adequately. The prosecution contends that the documents were provided in accordance with the nature of a summary trial and denies any breach of constitutional rights.
read more‘For one of the basic principles of any civilized system of justice is that a person is entitled to a fair trial free from prejudice. No system of justice can be effective unless a fair trial to both sides is ensured…. This common law right to a fair trial is now elevated to a fundamental right in the 1992 Constitution of Ghana: see article 19(2) (e) …” Per Acquah JSC ( as he then was) in the case of IN RE EFFIDUASE STOOL AFFAIRS (NO 2) REPUBLIC v ODURO NIMAPUA, PRESIDENT OF THE NATIONAL HOUSE OF CHIEFS; EX PARTE AMEYAW II [1998-99] SCGLR 639 @670. What has been noted to be the basic elements of a fair trial has been stated by Curtis Doebbler, an International Human Rights lawyer in his book, Introduction to International Human Rights Law at page 106 as the right to be heard by a competent, independent and impartial tribunal, the right to a public hearing, the right to be heard within a reasonable time, the right to counsel and the right to interpretation. Does fair trial m...