If the original version of section 120 (2) of the Evidence Act,then why they still use SMCD 237?Stop punishing innocent people ..one nation,one people...fire burn bad people!
If the original version of section 120 (2) of the Evidence Act,then why they still use SMCD 237?Stop punishing innocent people ..one nation,one people...fire burn bad people!
FELA O FELA : NPP BONESHAKER 9 years ago
The SMC (Supreme Military Council) was a police/military government so it not suprising that they would enact laws that were inimical to the lives of the free citizens all in the effort to make their jobs easier and confer go ... read full comment
The SMC (Supreme Military Council) was a police/military government so it not suprising that they would enact laws that were inimical to the lives of the free citizens all in the effort to make their jobs easier and confer godly powers unto themselves....forgetting that these are laws that lives after them and ruin so many innocent lives for many generations, not to mention to long term financial and social cost to the citizenry...
Please keep writing such informative articles to educate us and it could possibly build the right momentum needed for the social change that we need...
Kofi Ata, Cambridge, UK 9 years ago
Eric, I assume you are a Defence Attorney. The contents of your article is very scary and an indictment on Ghana's judiciary.
I am not a a qualified lawyer though I have some knowledge in Employment, Equality and Human Rig ... read full comment
Eric, I assume you are a Defence Attorney. The contents of your article is very scary and an indictment on Ghana's judiciary.
I am not a a qualified lawyer though I have some knowledge in Employment, Equality and Human Rights Legislation and also conversant with what is a fair trial. I also assume that in any trial, whenever the accused retracts his or her confession for whatever reason, the court/judge is under obligation to ensure that the confession is subjected to further examination. That is, the defence attorney leads the client in evidence and cross examines the witnesses, including the police to prove to the court that the confession is unreliable and should be rejected.
Are you saying that even if the accused retracts the confession, judges in Ghana will accept it as evidential facts just because the confession came from the police? Are you also suggesting that confessions obtained under torture or duress are acceptable in Ghanaian courts?
These are dangerous and suggestive that numerous miscarriages of justice have and are happening in Ghana.
From your article and specifically, the reference to a quotation by SC ruling, should give defence attorneys in Ghana the legal authority to challenge the acceptance of false and police induced confessions. Why is this not happening? What is the GBA doing about this if they are aware of the issues your raised in your article?
Lo 9 years ago
Duh
Duh
BISHOP Dela 9 years ago
As I have explained in the article, when a suspect denies a confession statement tendered in court against him, the court will organize what is called a "minitrial" to interrogate the validity of the statement. My problem is ... read full comment
As I have explained in the article, when a suspect denies a confession statement tendered in court against him, the court will organize what is called a "minitrial" to interrogate the validity of the statement. My problem is that because the police is allowed to witness these statements, an investigator would only call his colleague to come to court and testify that he was the witness and the statements were indeed, made. I have not heard any complaint from the bar association or anyone else on this matter. It appears most lawyers do not care about it.
tegare 9 years ago
At long last a ghanaian who can think.
Thanks.
At long last a ghanaian who can think.
Thanks.
AOB 9 years ago
Excellent and informative article. I hope that members of the judiciary are able to read this and take note.
Excellent and informative article. I hope that members of the judiciary are able to read this and take note.
MULTI 8 years ago
THIS ARTICLE IS VERY INSTRUCTIVE AND I CONCUR WITH THE WRITER OF THE ARTICLE. THE REQUIREMENT OF AN INDEPENDENT WITNESS SHOULD TRULY BE RESPECTED. SUCH A WITNESS SHOULD NOT BE AN EMPLOYEE OF THE POLICE OR THE INVESTIGATING IN ... read full comment
THIS ARTICLE IS VERY INSTRUCTIVE AND I CONCUR WITH THE WRITER OF THE ARTICLE. THE REQUIREMENT OF AN INDEPENDENT WITNESS SHOULD TRULY BE RESPECTED. SUCH A WITNESS SHOULD NOT BE AN EMPLOYEE OF THE POLICE OR THE INVESTIGATING INSTITUTION IN ORDER TO BE TRULY INDEPENDENT. CONSEQUENTLY, THE REPEALED LAW SHOULD BE RESTORED IN THE INTEREST OF JUSTICE
If the original version of section 120 (2) of the Evidence Act,then why they still use SMCD 237?Stop punishing innocent people ..one nation,one people...fire burn bad people!
The SMC (Supreme Military Council) was a police/military government so it not suprising that they would enact laws that were inimical to the lives of the free citizens all in the effort to make their jobs easier and confer go ...
read full comment
Eric, I assume you are a Defence Attorney. The contents of your article is very scary and an indictment on Ghana's judiciary.
I am not a a qualified lawyer though I have some knowledge in Employment, Equality and Human Rig ...
read full comment
Duh
As I have explained in the article, when a suspect denies a confession statement tendered in court against him, the court will organize what is called a "minitrial" to interrogate the validity of the statement. My problem is ...
read full comment
At long last a ghanaian who can think.
Thanks.
Excellent and informative article. I hope that members of the judiciary are able to read this and take note.
THIS ARTICLE IS VERY INSTRUCTIVE AND I CONCUR WITH THE WRITER OF THE ARTICLE. THE REQUIREMENT OF AN INDEPENDENT WITNESS SHOULD TRULY BE RESPECTED. SUCH A WITNESS SHOULD NOT BE AN EMPLOYEE OF THE POLICE OR THE INVESTIGATING IN ...
read full comment