The appellant was charged before the Circuit Court, Aflao on three counts. The first two counts related to "distribution of fertilizer without registration or licence, contrary to Section 68 (1) and 80 (5) (a) of the plant and Fertilizer Act, 2010, (Act 803).
In count three, he was charged for "smuggling and other evasion, contrary to Section 317 (1) (c) (e) and (f) of Act 29, 1960.”
After a plenary trial, he was discharged in respect of the first two counts. He was however convicted on the third count, and that is the subject of this appeal.
Mr Glover for the appellant urged the following on the court:
a. That the failure of the prosecution to call Stephen Dzodzi who arrested the appellant was fatal, for he was supposed to be the prosecution's star witness, and the omission to call him created a reasonable doubt, which must enure to the benefit of the appellant.
b. That there was confusion about the identity of the person who arrested the appellant. Whereas PW1 called him Dzodzi Atta, Pw2…