The Republic Vrs Acquah & Another [2022] GHACC 208 (10 October 2022)

The Republic Vrs Acquah & Another [2022] GHACC 208 (10 October 2022)

The court found that the accused's statement was made voluntarily, with no credible evidence of compulsion or duress. The absence of the independent witness at trial did not render the statement inadmissible, as there was corroborative evidence of his presence during the taking of the statement. The ICS did not amount to a confession requiring strict compliance with s. 120 of NRCD 323. The objection to admissibility was therefore overruled.

Citation
[2022] GHACC 208
Parties
Prosecution: The Republic; Accused 1: Samuel Acquah; Accused 2: Peter Acquah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
10 October 2022
Procedural Posture
Criminal / Ruling on Objection to Admissibility of Investigation Caution Statement (voir Dire)
Outcome
Objection overruled; statement admitted
Legal Topics
Admissibility of Statements, Confession Evidence, Defilement, Procedure in Criminal Trials
Source Language
English
Criminal Law Evidence Law Admissibility of Statements Confession Evidence Defilement Procedure in Criminal Trials

Case Brief

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Parties

The Republic

Prosecution

Samuel Acquah

Accused 1

Peter Acquah

Accused 2

Procedural Posture

Criminal / Ruling on Objection to Admissibility of Investigation Caution Statement (voir Dire)

Legal Issues

  1. 1 Whether the Investigation Caution Statement (ICS) was made voluntarily and is admissible in evidence
  2. 2 Whether the absence of the independent witness at trial affects admissibility
  3. 3 Whether the ICS constitutes a confession requiring compliance with s. 120 of NRCD 323

Ratio Decidendi

The court found that the accused's statement was made voluntarily, with no credible evidence of compulsion or duress. The absence of the independent witness at trial did not render the statement inadmissible, as there was corroborative evidence of his presence during the taking of the statement. The ICS did not amount to a confession requiring strict compliance with s. 120 of NRCD 323. The objection to admissibility was therefore overruled.

Court Disposition

Objection overruled; statement admitted

Orders

  • The Investigation Caution Statement dated 27/03/2020 is admitted into evidence and marked as Exhibit K.