Ambulance case: Majority on the Court of Appeal misdirected itself in application of fundamental principles on standard of proof – A-G tells SC
Published:
2 months ago
Source:
3News
Attorney-General Godfred Dame
Attorney-General (A-G) Godfred Dame, has, in his appeal against the decision of the Court of Appeal to acquit and discharge the accused persons in the ambulance trial, said that the majority on the Court of Appeal misdirected itself in the application of the fundamental principles regarding the standard of proof required in determining whether a case has been made for the accused persons to answer. The A-G said that the majority decision failed to give due regard to the fact that whether a "prima facie case" has been made by the prosecution is the true standard required in assessing whether the prosecution has made a case for the accused persons to answer.
"The majority decision failed to give due consideration to the case of the prosecution, as required by law, in the determination of whether a case had been made for the accused to answer. The majority on the Court of Appeal unnecessarily dwelt on possible defences for the accused in determining whether a case had been made by the prosecution. The majority's consideration of possible defences for the accused persons showed that the accused persons indeed had a case to answer and the trial court was justified in calling upon the accused to open their defence. The majority on the Court of Appeal's consideration of possible defences for the accused persons at the close of the prosecution's case was unfair to prosecution, since the prosecution had indeed discredited those possible defences in cross examination of witnesses called by the accused by the time of the judgment of the Court of Appeal. The majority on the Court of Appeal failed to appreciate the relevant factors in determining whether a prima facie case has been established for the accused persons to answer, viz.