[1974]DLCA2336 • December 20, 1974 • Court of Appeal
TEYE ALIAS BARDJO AND OTHERS vs. THE REPUBLIC
The appellants, along with two others, were indicted for conspiracy to commit murder and murder related to the killing of the first appellant's grandmother, Koryo Wornu, at her home in Timesu village. The prosecution alleged a plan hatched in Nsawam Medium Security Prisons to burgle the grandmother's house, which escalated to murder when the victim recognized one of the accused. The first appellant admitted to a plan to steal but denied intent to murder. The third appellant was alleged to have killed the victim after recognition. The first prosecution witness initially part of the plan, withdrew before the crime. The other accused denied involvement or knowledge of the murder.
read moreSowah J.A. delivered the judgment of the court. The appellants together with two other accused persons were indicted before the criminal session held at Koforidua on 16 May 1973, with the offences of conspiracy to commit murder and murder. In the result all the five accused persons were acquitted of the conspiracy charge, and the two others, of the offence of murder. The three appellants were convicted and accordingly sentenced to capital punishment. It is from their convictions and sentences that the appellants have appealed to this court. The case of the prosecution in effect was that while Teye Kwadjo alias Bardjo (the first appellant) Samuel Abadjie alias Red (the third appellant) and the first prosecution witness Kwasi Madjitey alias Aku Sika were serving various sentences in the Nsawam Medium Security Prisons, upon a suggestion by the first appellant, a plan was hatched whereby on their discharge they would burgle the house of the first appellant’s grandmother Koryo Wornu, t.....