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

By his motion filed on the 24th May 2019, the 1st Accused person seeks an order of the court to strike out or dismiss counts 2 and 3 contained in the charge sheet. The Republic had, on the 10th April 2019, filed criminal charges against the 1st and 2nd accused persons. By counts 2 and 3, the 1st accused person has been charged with the offence of assault on public officer contrary to section 205 (a) of the Criminal Offences Act, 1960, Act 29. The 1st accused person pleaded not guilty to all the charges levelled against him including the charges contained in count 2 and count 3 and was admitted to bail. The 1st accused has been furnished with the witness statements of the prosecution witnesses. The 1st accused person anchors his application on three main grounds which are captured in paragraph 6 of his supporting affidavit. He states that: 6. Counsel has advised me and I verily believe same to be true: (a) The particulars are materially defective both in form and substance as they d...