[2018]DLHC4241 • February 1, 2018 • High Court
THE REPUBLIC vs. EUGENE BAFFOE-BONNIE AND 4 OTHERS
The case involves the prosecution of Eugene Baffoe-Bonnie and four others in a summary trial before the High Court in Accra. The accused persons filed motions alleging breaches of their constitutional right to a fair trial, specifically regarding the prosecution's failure to furnish them with documents and witness lists in advance to prepare their defense adequately. The motions sought declarations of violations and orders compelling the prosecution to provide full disclosure of evidence and witness statements prior to trial.
read moreFor 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 me.....