[2009]DLHC7813March 18, 2009High Court

REPUBLIC vs. GBADAGLO GODSWAY ALIAS JOE BOY, CUDJOE KEMEH ALIAS COMMANDO, EHIA FELIX AND ATSU (AT LARGE)

The accused persons were charged with two counts of Conspiracy to commit Crime to wit Robbery contrary to sections 23(1) and 149 of Act 29 as amended by Act 646 of 2003 and Robbery contrary to section 149 of Act 29 amended by Act 646 of 2003 for having on the 29th day of September 2007, at about 12 a.m. acted together to rob one Atuba Abu of Keyed Map Security Company of two tyres, two rims and two tail lights valued GH¢950.00, the property of Glico Company Limited. The 4th accused is at large and the 1st, 2nd and 3rd accused persons pleaded not guilty to the charges. Hearing commenced and the prosecution called four witnesses. At the close of the Prosecution’s case, Mr. Hoeyi, Counsel for the first accused submitted a no case to answer by filing same. It was when the proceedings which were recorded were made available to me for consideration of the submission on no case to answer that I realized that PW3’s evidence was not included. Upon inquiries from the Recorder, she ...