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THE REPUBLIC V. HIGH COURT, ACCRA EX PARTE: JAMES GYAKYE QUAYSON

(2022) JELR 110075 (SC)

Supreme Court  •  J5/67/2022  •  30 Nov 2022  •  Ghana

Coram
DOTSE JSC (PRESIDING) AMEGATCHER JSC PROF. KOTEY JSC OWUSU (MS.) JSC PROF. MENSA-BONSU (MRS.) JSC

Judgement

OWUSU (MS.) JSC:-

On the 12th of July, 2022, the High Court (Criminal Division) (3) Accra, in the course of hearing the case in which the applicant is the accused person on trial, ruled as follows:

“As rightly submitted by the prosecution, the said witness is competent to testify in this matter and his evidence is relevant to their case and same is admissible. As also rightly submitted by counsel for the accused person, a witness may not testify to a matter unless sufficient evidence is introduced to support a finding that the witness has personal knowledge of the matter. The said witness has made certain positive statements in his witness statement. Having made such statements which be his evidence in chief, it is presumed that he has personal knowledge of what he is testifying to. Whether what he has stated therein are matters he knows can only be determined under cross examination to rebut that presumption. It is only after a piece of evidence has been tested under cross examination …

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