Category: Evidence

Home Evidence
Steven Weeks on Unsplash
Post

When What Matters Not, Matter! – A Review of the Law on Privacy and Admissibility of Evidence Secretly and Unlawfully Obtained, In Civil Proceedings, Vis-à-Vis Article 18(2) of the 1992 Constitution of Ghana

“It matters not how you get it, if you steal it even, it would be admissible in evidence” Crompton J in R v Leatham (1861) 8 Cox CC 498. Introduction The secret tape of Chief Bugri Naabu,[1] (‘the IGP Konkonsa tape’) with some senior police officers in the Ghana Police Service, relative to the Inspector...

Right to Privacy in Criminal Matters
Post

Right to Privacy in Criminal Matters

The right to privacy is a fundamental human right. Article 18, clause 2 of the 1992 Constitution provides that: “No person shall be subjected to interference with the privacy of his home, property, correspondence or communication except with law and as may be necessary in a free and democratic society for public safety or for...

Can A Poisonous Tree Bear Good Fruit in Ghana?
Post

Can A Poisonous Tree Bear Good Fruit in Ghana?

The attitude the Ghanaian courts should adopt towards illegally obtained evidence is a recurrent debate within Ghanaian political and legal circles. This is an important debate since improperly or Illegally obtained evidence usually occasions a breach of a natural or juristic person’s rights. Improperly obtained evidence may be described as evidence that is obtained in...

What is Entrapment?
Post

What is Entrapment?

Now that the dust is almost settling on the latest work of investigative journalist Anas Aremeyaw Anas, it is probably time to examine one of the main charges levelled against him. Entrapment. According to his critics, he leads unsuspecting persons on into committing offences they would otherwise not have committed. The big question therefore is...

Investigative Journalism: The Tension Between Privacy and the Public’s Interest
Post

Investigative Journalism: The Tension Between Privacy and the Public’s Interest

Investigative journalism assists the traditional media in rooting out corruption and dealing with crimes and abuse of public trust and confidence. As Lord Nichols pointed out in Reynolds v Times Newspaper[1], “it is through the mass media that most people today obtain their information on political matters…In this regard it should be kept in mind...