Evidence

Right to Privacy in Criminal Matters

April 18, 2019

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 […]

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Can A Poisonous Tree Bear Good Fruit in Ghana?

December 20, 2018

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 […]

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What is Entrapment?

June 25, 2018

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 […]

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

June 4, 2018

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 […]

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Admissibility of Electronic Evidence in Ghanaian Practice

March 15, 2018

“While some look to the internet as an innovative vehicle for communication, the Court continues to warily and wearily view it largely as one large catalyst for rumour, innuendo and misinformation.”[1] This statement, made by a Texas court in 1999 is unlikely to be taken seriously by any lawyer or court in the year 2018. […]

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What You Need to Know About “Without Prejudice” Letters

November 14, 2017

Without Prejudice. This is a label found in letters between two lawyers who are attempting to settle a claim and yet do not wish to have any admission or concession they make in the settlement process used against them later on. The idea behind “without prejudice” letters is that it is considered as a matter […]

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