[1981]DLHC2108 • March 4, 1981 • High Court
BROBBEY AND OTHERS vs. THE REPUBLIC
Four policemen were arraigned on charges of causing harm, causing damage, and stealing related to an incident at a store where the first prosecution witness was accused of selling cigarettes above the controlled price. The accused policemen allegedly used force during the arrest, resulting in harm to the witness and his wife, and damage to the witness's clothing. The prosecution presented seven witnesses with conflicting accounts regarding the use of force and the alleged stealing of money.
read moreJUDGMENT OF TWUMASI J. Twumasi J. On 28 March 1980, four policemen were arraigned before the District Court Grade 1, Bibiani, on two counts of causing harm, contrary to section 69; one count of causing damage, contrary to section 172; and one count of stealing, contrary to section 124 respectively, of the Criminal Code, 1960 (Act 29). The trial commenced instantaneously but did not end that day wherefore the accused were remanded on bail. The prosecution closed their case on 11 April 1980 when the trial resumed. The accused suffered convictions on all the four counts according as they were charged. The punishment meted out to each accused was one month’s prison term with hard labour and an order to refund the money alleged to have been stolen. The first and fourth accused petitioned the High Court for redress of their grievances, contending that true justice was not meted out to them by the learned trial magistrate. The circumstances that culminated in the criminal proceedings we.....