JUDGMENT
Ackaah-Boafo, JA
i. Overview:
[1] My Lords, based on the facts presented in this appeal and the question for our determination, I wish to start my opinion with the statement by M. Hor in the article "The Privilege against Self-Incrimination and Fairness to the Accused" to the effect that:
“Perhaps the single most important organizing principle in criminal law is the right of an accused not to be forced into assisting in his or her own prosecution.”
The statement above was adopted and succinctly enunciated by the Supreme Court of Canada per Lamer, C.J., for the majority in the case of R v P. (M.B.), [1994] 1 SCR 555 (M.B.P.) at paras 36 and 37. Domestically, Adinyira JSC also quoted the above statement in her opinion in the case of Michael Asamoah & Another v. The Republic, Suit No. J3/4/2017 dated July 26, 2017. I shall later speak to the quote above in considering the merits or otherwise of this appeal.
[2] The 1st Accused/Appellant, Cassiel Ato Forson, was charged with Willfull…