Rex V. Kegham Ohannes Minassian (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Defence Regulations—Propaganda—MisdireCtion—Agents provocatour’ —False evidence.

Facts

The accused was charged with propaganda contra. Regulation 21 (1) (a) of the Defence Regulations 1939 by endeavouring to influence public opinion in a manner likely to cause despondency. In the Court below it was found that the statements were made and that much of what he said was false to his knowledge.

Held

There was a misdirection in that there was no evidence that the second statement complained of was made, but this was not of itself a sufficient ground for quashing the conviction. It was plain that two of the witnesses were agents provocateur, there were instances of false evidence being given by the witnesses for the purpose of deceiving the Court and another unsatisfactory feature was that the statements of witnesses were taken by a Sergeant who was one of the agents provocateur.

Appeal allowed and conviction and sentence quashed.