Rex V. Emmanuel Joseph Cobolah (1944)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law, Procedure, and Evidence—Expert evidence on handwriting—Privilege not to produce proceedings—Discretion as to the calling of a witness—Judgment immediately after hearing—Cap. 4, s. 77.

Facts

Defendant was convicted at Assizes of falsifying accounts and of stealing on ample evidence. On appeal it was argued that a policeman could not give expert evidence on handwriting ; that the proceedings in the Government Inquiry relative to the falsification of accounts should not have been withheld on the plea of privilege ; and that the Court should have called a witness whom the Crown did not ; and he took exception to the Judge’s reading out his judgment immediately after the close of the hearing.

Held

(I) that a policeman who had made a study of handwriting could give expert evidence in the Gold Coast ;
that evidence taken at an inquiry could not be admitted as evidence in the trial if in the opinion of the Colonial Secretary it was in the public interest not to produce it ;
that the trial Judge had rightly used his discretion in refusing to call a witness whom either party could have called ;
that there is nothing to prevent a Judge from writing his judgment after the close of all the evidence subject to any amendment he may wish to make on the Bench due to the submissions of Counsel.

The appeal is dismissed.