Republic Vrs Ebenezer Afanu [2022] GHACC 164 (15 September 2022)

Republic Vrs Ebenezer Afanu [2022] GHACC 164 (15 September 2022)

The caution statements were not taken or read back to the accused in his mother tongue (Ewe), no interpreter was provided despite availability, and the investigator failed to ensure the accused fully understood the statements. The statements were induced by threats and not voluntarily made. Therefore, the statements are inadmissible.

Citation
[2022] GHACC 164
Parties
Prosecution: The Republic; Accused: Ebenezer Afanu
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
15 September 2022
Procedural Posture
Criminal / Voir Dire Ruling on Admissibility of Confession Statements
Outcome
confession statements ruled inadmissible
Legal Topics
Admissibility of Confession, Language Rights of Accused, Procedure for Caution Statements
Source Language
English
Criminal Law Evidence Law Admissibility of Confession Language Rights of Accused Procedure for Caution Statements

Case Brief

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Parties

The Republic

Prosecution

Ebenezer Afanu

Accused

Procedural Posture

Criminal / Voir Dire Ruling on Admissibility of Confession Statements

Legal Issues

  1. 1 Whether the accused's caution statements were made voluntarily and with full understanding as required by law
  2. 2 Whether failure to provide an interpreter or use the accused's mother tongue renders the confession inadmissible

Ratio Decidendi

The caution statements were not taken or read back to the accused in his mother tongue (Ewe), no interpreter was provided despite availability, and the investigator failed to ensure the accused fully understood the statements. The statements were induced by threats and not voluntarily made. Therefore, the statements are inadmissible.

Court Disposition

confession statements ruled inadmissible

Orders

  • Investigation Caution Statement and Charged Caution Statement are inadmissible and rejected
  • Case adjourned to September 22, 2022, to conclude the trial