JSC GBADEGBE VIEW ON THE PINK SHEET Justice Gbadegbe said that even the originals of the pink sheets in the instant case “belong to the category of secondary evidence as the information they seek to prove is obtainable in the best form in the register of voters at polling stations and the biometric verification equipment. “The record of list of voters verified by the biometric verification equipment is the primary evidence and it is the one from which the information contained in the pink sheets was made.” He said for proof of that information to be of evidential value it “must satisfy section 163 of the Evidence Act, NRCD 323 of 1975.” “The purpose of the rules is to enable the court as the trier of fact and in keeping with the prime duty placed on it under section 2 of the Evidence Act to decide all questions of fact. “By not placing the best or primary evidence before the court, the petitioners have sought their inferences from the information that is available elsewhere to be the basis of our decision. But that is not sanctioned by law. The rule of evidence to which reference is made here is that inferences about irregularities can be drawn from facts, but not from inferences. “As the said record of the voters verified at every polling station is available and capable of proof in the manner acceptable, I am unable to fall upon information from pink sheets that are based on some other primary source as evidence of irregularity.” Abdul Malik Kweku Baako Jimmy Allotey Egbert Faibille. Jnr Randy Abbey
Posted on: Sun, 15 Sep 2013 08:58:37 +0000
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