Her Ladyship Justice Afia Serwah Asare-Botwe has dismissed the objection by lawyers for the 3rd accused, Richard Jakpa against the tendering of the release letter of the accused from the military.
Grounds for Objection
The learned Thaddeus Sory began his attack against the tendering of the said letters showing the release of Mr. Jakpa on the ground of a failure by the cross-examining lawyer to allow the accused and witness in the box to identify the document which contained letters surrounding his dismissal before speaking to to it. The learned Sory however agreed that the witness could identify only the 2007 letter to which he was copied and not a letter from the Ministry of Defense addressed to the Attorney-Genral's Department dated June, 2024.
He went on with his onslaught by arguing that no background existed for the tendering of the document. He quoted section 60 as a bar to the tendering of the document. Dr. Bamba tied his apron strings to that of Mr. Sory and threw his weight behind the arguments canvassed by the learned Sory.
The learned Deputy A-G, Hon. Alfred Tuah Yeboah who held the cross-examining forte for this part of prosecution in today's [27-06-2024] proceedings reacted to the arguments canvassed for the objection by saying that the document which were the release letter of Mr. Jakpa from the military dated 2007 and covering letters from the A-G's department and the Defence Ministries were relevant.
He argued that the document relates to his release and said that same went to his character. Mr. Sory registered a reposte to the argument about the character of the witness and said same was in breach of the Evidence Act (1975) NRCD 323.
Ruling
Her Ladyship hanged her decision on sections 60 and 120 of the Evidence Act, 1975 NRCD 323. With the overriding focus on relevance, Her Ladyship said the witness had already acknowledged the document being tendered and has already said he can speak to it.
On official documents and the law of evidence on same, Her Ladyship said the covering letters are official documents and will be admitted to prove credibility or otherwise.
Contents of letter
The learned Deputy Attorney-General upon the rejection of the objection now bouyed, directed the witness, Richard Jakpa to read a portion of the release letter. The letter read the release of the witness from the military on grounds of fraudulent conduct and indebtedness which his salary was used, per the letter to settle.
Mr. Jakpa read the letter releasing him with laughter at a point as he read portions of the letter containing more grounds for his release on ground of abrasiveness, general indiscipline with his conduct incompatible with decent and gentlemanly behaviour.
The letter also contained his failure to obtain promotion owing to his consistent failure at his promotional exams.
Source: Thelawplatform