The Supreme Court has modified the rules guiding how prosecutors share evidence with accused persons in criminal cases, in a landmark ruling delivered on October 29 in The Republic v Adu-Boahene.
Under Ghanaian law, prosecutors are required to disclose all evidence gathered during investigations, including materials that could help prove an accused person’s innocence. This process, known as “disclosure,” is meant to ensure fairness and transparency in criminal trials.
Previously, accused persons could only request “further disclosures” from prosecutors if the evidence sought met two key tests – the Relevance rule and the Possession rule. The Relevance rule required that the evidence have a clear bearing on proving guilt or innocence, while the Possession rule required that it be material obtained by investigators during the case.
However, the Supreme Court’s decision in the Adu-Boahene case has scrapped the Relevance rule.
This means that an accused person no longer needs to prove the relevance of the evidence being requested. Relevance will instead be determined during the trial itself.
According to Ghana’s Deputy Attorney General, Justice Srem-Sai, who explained the ruling on his X (formerly Twitter) page, the only remaining requirement is that the evidence must have been in the possession of investigators during their inquiries.
Justice Srem-Sai added that while accused persons can request further disclosures, they are not permitted to use the process to delay proceedings or turn prosecutors into defence counsel.
By: Vanessa Edotom Boateng | Metrotvonline.com | Ghana
