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

In the instant application filed on the 23rd May 2019, the 2nd accused person, Anthony Kwaku Boahen, prays this court to order the Prosecution or the Republic to “produce the extract of diary of action in respect of the criminal charge against the 2nd Accused” on grounds contained in the supporting affidavit. The 2nd accused person admits that the prosecution had made available to him certain documents and other writings but that the bundle does not include the “extract of diary of action” in relation to the charge against him. The Honourable Attorney General has caused an affidavit in opposition to be deposed to and filed in this matter. A close scrutiny of the affidavit in opposition reveals that three main reasons have been assigned as being the basis for the refusal to supply the diary of action to the 2nd Accused person. These reasons are contained in paragraphs 6, 9 and 10 of the affidavit in opposition. They read as follows: 6. That the prosecution is unable to suppl...