Court to rule whether statements of two charged with robbery are valid

Cape Coast, July 26, GNA- A High Court in Cape Coast, presided over by Justice Nana Gyamera Tawiah, will on Tuesday July 29, give its ruling as to whether caution statements taken from two persons in a robbery case involving a policeman, are admissible in evidence. The accused, Emmanuel Oduro, Kwasi Fosu, together with ex-police constable Armah Schandorf, and three others, are being tried for conspiracy to commit robbery and robbery. The cashier at the Anomabu Beach Resort was killed during the robbery.

Schandorf, 35, Samuel Ghartey 25, Oduro, 34, Fosu, 18 and Daniel Owusu, 23, have all pleaded not guilty, whilst Kwadwo Addai 19, says he is guilty with explanation. The trial, which began on Thursday, followed submissions by counsel for Oduro and Fosu that their clients' statements were taken under duress.

Continuing the trial on Friday, with their submissions, Mr Gustav Addington and Mr Hilary Hayford, counsel for Oduro and Fosu respectively, urged the court to reject and declare the statements invalid, because they had not been taken with due regard to the rules governing the taking of statements from suspects. Counsel, who referred to NRCD 323 section 120 and the 'judges rule' pertaining to the evidence decree on confession statements, to buttress their arguments, and said the prosecution had not satisfied mandatory conditions such as, making suspects aware of offence committed and of their right to consult counsel of their choice.

They said while the law, also stipulates that statements taken from suspects should be interpreted to them by an independent witness who understands the language of the suspects, the independence witness in this case, Mr. Abubakar Atta, who is from Nanumba. According to them the witness, could therefore, not have appropriately interpreted the statements in Fanti and Twi, the dialects of the two accused persons.

Mr. Addington again said Mr Atta had been the sole independent witness when the statements of all six accused persons were taken and described him as a "certified independent witness for the police". In his submission, Mr. Isaac Okyere Antwi, Principal State Attorney, urged the court to dismiss counsel's submissions and to admit the statements in evidence, because all conditions pertaining to the taking down of statements, had been satisfied, and denied that the accused persons were manhandled.

He further argued, that the fact that the independent witness was not an Akan, was irrelevant, because the important thing is whether or not he understands the dialect of the accused persons. On the issue of being the only independent witness, Mr. Okyere Antwi, said that was not against the law adding, "we all know how difficult it is to get people to serve as independent witnesses".