ADINYIRA (MRS), JSC
Facts and Procedure
My Lords, permit me to start my judgment with this preface on loss or destruction of judicial records:
The first fundamental principle is that an appellant is not entitled to an acquittal on the mere basis of the loss or destruction of the judicial records, notably, trial proceedings.
An allegation that court proceedings are lost or destroyed require investigations into three important areas, the veracity of the claim, the quantum or magnitude of the lost, missing or destroyed record and its relevance to the determination of the appeal in question.
Per Wood CJ in John Bonuah @Eric Blay v. The Republic Criminal Appeal No. J3/1/2015, 9th July, 2015, unreported
On the 5th of June, 2004 at about 1.30 a.m. some armed men attacked the lodgers, at Richland Hotel in Dunkwa-on-Offin with weapons of guns and a cutlass and took away their clothings, mobile phones and various sums of money in dollars and local currency. On a tip off, Kwame Nkrumah @ Tast…