REPUBLIC VRS BOADU (B1/05/2023) [2023] GHACC 688 (7 December 2023)

REPUBLIC VRS BOADU (B1/05/2023) [2023] GHACC 688 (7 December 2023)

The prosecution failed to prove that the accused's statements were made voluntarily and in compliance with the statutory requirements, particularly regarding the role and certification of the independent witness. The statements were not properly explained to the accused in a language he understood, and the certification process was flawed. Therefore, the statements are inadmissible.

Citation
[2023] GHACC 688
Parties
Prosecution: The Republic; Accused: Charles Boadu @ Kofi
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
7 December 2023
Case Number
B1/05/2023
Procedural Posture
Criminal / Ruling on Voir Dire (mini Trial) Regarding Admissibility of Accused's Statements
Outcome
Accused's statements (Exhibits 'C' and 'D') rejected as inadmissible evidence.
Legal Topics
Voluntariness of Confessions, Admissibility of Statements, Role of Independent Witness, Police Procedure
Source Language
English
Criminal Law Evidence Voluntariness of Confessions Admissibility of Statements Role of Independent Witness Police Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

The Republic

Prosecution

Charles Boadu @ Kofi

Accused

Procedural Posture

Criminal / Ruling on Voir Dire (mini Trial) Regarding Admissibility of Accused's Statements

Legal Issues

  1. 1 Whether the accused's statements (Exhibits 'C' and 'D') were made voluntarily and in compliance with statutory requirements for admissibility
  2. 2 Whether the presence and role of the independent witness satisfied legal standards

Ratio Decidendi

The prosecution failed to prove that the accused's statements were made voluntarily and in compliance with the statutory requirements, particularly regarding the role and certification of the independent witness. The statements were not properly explained to the accused in a language he understood, and the certification process was flawed. Therefore, the statements are inadmissible.

Court Disposition

Accused's statements (Exhibits 'C' and 'D') rejected as inadmissible evidence.

Orders

  • Exhibits 'C' and 'D' are rejected and excluded from evidence.