During the trial, the 5th Defendant neither appeared before the Court to tender
the review report nor subjected to cross examination. Rather, the report was
tendered through someone, who never participated in the review process and
was curiously admitted in evidence. The Court convicted the Plaintiffs based
on the review report which it referred to as the best among the autopsy reports.
Accordingly, the Plaintiffs are contending that their conviction and sentence
based essentially on the review report occasioned a miscarriage of justice,
induced and procured by the 5th Defendants’ autopsy report. It was equally the
contention of the Plaintiffs that the High Court of Justice of Ghana had ruled
that the autopsy report of the 5th Defendant is reckless, negligent and a
baseless conclusion in medical terms. Relying interalia on the breach of their
rights to fair hearing, the Plaintiffs brought this application seeking the following
orders and reliefs from the Court, namely;
1.
That the conviction and sentencing of the Plaintiffs to death by
hanging is a result of the reckless, baseless and negligent review
of autopsy report of the 5th Defendant.
2.
A declaration that the conviction and sentence of the applicants
to death by hanging resulting from the autopsy report of the 5th
Defendant amounted to the violation of their rights to life, freedom
of movement and fair hearing.
5