CONTEH v. REGINAM (Cr. App. No. 7 /67)) [1967] SLCA 1237 (06 May 1967);
Criminal Law -libel-republication-informant named-republication of statements by named person imputing corruption to another not defamatory:
Criminal Procedure- discharge-no power to discharge without trial unless nolle prosequi or withdrawal of charge:
The publication of statements imputing corruption to the head of the government cannot defame him if it attributes the statements to another person, not the publisher, and names him; and therefore such a publication is not seditious (page 146, lines 4-11).
The only circumstances in which an accused person can be discharged without being tried and found not guilty are by the Crown's withdrawal of thecharge against him or the entry of a nolle prosequi. A court has no1015power of its own volition to enter a plea of not guilty on behalf of 20 the accused and then discharge him without trial (page 144, lines
14-18, 23-25).
