HAYFORD OFOSU AMANING vs. THE REPUBLIC

DOTSE, JSC:- PROLOGUE William Blackstone, an eighteenth century English jurist, in a statement on the hallowed principle of “Innocent until proven guilty:- rights of an accused person” upon which our criminal justice administration has been founded in article 19 (2) (c) of the Constitution 1992 stated as follows:- “Better that ten guilty persons escape than that one innocent suffer.” The above constitutes the fulcrum of our criminal justice jurisprudence. We shall demonstrate whether the prosecution lived up to the above principles of ensuring the innocence of the accused until he is proven guilty. FACTS The complainant (hereafter referred to as PW1) in this case, one Yaw Yeboah, is a driver of Kasoa and at all times material to this case which is 19th February 2010 was in charge of Opel Astra Taxi Cab with registration Number GE 3635 V. On the said date, at about 2pm, the 3rd Accused, Nana Kwame, who was at large during the trial, engaged the services of PW1 and request...