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THE REPUBLIC
V.
KEVIN DINSDALE GORMAN AND 5 ORS.

(2004) JELR 68239 (SC)

Supreme Court 7 Jul 2004 Ghana
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- Supreme Court affirmed the Court of Appeal’s revocation of bail for multiple accused in narcotics offences, holding that the constitutional presumption of innocence under Art. 19(2)(c) does not create an automatic right to bail. - There i

Case Details

Suit Number:CRIMINAL APPEAL NO. J3/3/2004
Judges:MISS AKUFFO J.S.C. (PRESIDING), MRS. WOOD J.S.C., DR. TWUM J.S.C., DR. DATE-BAH J.S.C. , PROF. OCRAN J.S.C
Counsel:MR. ANTHONY GYAMBIBY C.S.A. FOR THE RESPONDENT; MR. THADEUS SORRY FOR 1ST APPELLANT. ,MR. ADDO ATUAH FOR 3RD 4TH AND 5TH APPELLANTS. ,MR KWABLA SENAU FOR 6TH APPELLANT

PROF. MODIBO OCRAN, JSC

This Court gave its ruling on this case on 11th June, 2004 and reserved its Reasons for the Ruling for today, 7th July, 2004. We now proceed to give the reasons for our earlier ruling.

This is an appeal against the refusal of the Court of Appeal to grant an application for bail to the appellants. The six accused persons were arraigned before the Greater Accra Regional Tribunal on 28 January 2004 on narcotics-related charges based on sections 56 (c), 1(1) and 2 of the Narcotic Drugs (Control, Enforcement and Sanctions Law), 1990 (PNDC 236). The Tribunal as trial court granted bail on 3rd Februray 2004 to all the accused on specified conditions. The Attorney-General's Office appealed against the grant of bail to the Court of Appeal, which delivered a ruling on 3rd March 2004 upholding the appeal and thereby rescinding the grant of bail in respect of all the accused. This matter came before us on further appeal by all but one of the accused persons, namely, the 2nd …

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