THE REPUBLIC (APPLICANT) vs. SAMUEL OFOSU AMPOFO AND ANTHONY KWAKU BOAHEN (RESPONDENTS)

The Court has read Article 19(2) (d) (e) of the Constitution and the Court does not see how that Article applies to the Application which the 2nd Accused has made for the provision by the prosecution of the Time and the Witness Statements of certain alibi witness which are not included in the Report on Alibi. Clearly Article 19 of the constitution applies to a person who has been charged with a Criminal offence and arranged before the Court. When the accused person were arranged before the Court, the Court read the charges to them and they responded and pleaded to the charges in the English Language and they all pleaded not guilty. The defence of alibi was filed by the 2nd Accused person and the Police chose to investigate it. The Police are not bound to investigate or interrogate the alibi witness at all. Whether or not the Police investigate the alibi that does not stop the defence from calling their witness at the appropriate time to give evidence on their behalf to establish the ...