[1960]DLSC296March 25, 1960Court of Appeal

REGINA vs. GYAMFI

The appellant, Kwabena Adu Gyamfi, was accused of murdering Kwabena Oppong by throwing a stone that caused fatal injuries. He denied being present at the scene, claiming an alibi of being in another village and asserted the charges were politically motivated due to a dispute with the local chief. The prosecution witnesses testified that the appellant threw a stone hitting the deceased, who later died from the injuries sustained.

read more

JUDGMENT OF GRANVILLE SHARP J.A. Granville Sharp, J.A. read the judgment of the court. (After referring the facts he continued). The appellant in evidence began by denying that he was ever at Badu on the day of the incident, or that he was in any way responsible for the death of Oppong. The relevant passage in the record is as follows:- “ACCUSED: KWABENA ADU GYAMFI: S.O.B. in Twi through E.K. Obeng (Interpreter) “I am a farmer and live at Badu. I did not murder Kwabena Oppong. I did not throw any stone at Kwabena Oppong. I was not there at all. I never led U.P. group on that day. On the eve of Wenchi bye-election I was in the village of Bepoyase. I went there to give a Polling Agent’s Card to our representative. I am a member of U.P. “Court calls on counsel for accused to furnish notice to the prosecution of particulars of alibi within 2 days as required, by section 131 (1) of Cap. 10.” “Counsel for defence states accused does not intend to furnish particulars, ...