TWUM vs. THE REPUBLIC [1967]DLCA1549

Date	1967-12-11
Suit No.
Citation No.	[1967]DLCA1549

AZU CRABBE JA

APALOO JA

LASSEY J.A.

APPELLANT IN PERSON.

S. M. BOISON CHIEF STATE ATTORNEY FOR THE RESPONDENT.

[1967]DLCA1549
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													<main id="main" class="content" style="min-height: 60rem" >TWUM<o:p></o:p>&nbsp;vs. <o:p></o:p>THE REPUBLIC <o:p></o:p>[COURT OF APPEAL]<o:p></o:p>[1967] GLR 724<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
11 DECEMBER
1967<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

APPELLANT IN PERSON.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

AZU CRABBE, APALOO AND LASSEY JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF AZU CRABBE J.A.<o:p></o:p>Azu
Crabbe J.A. delivered the judgment of the court. The appellant was on 3
February 1966, convicted before Wiredu J., sitting with a jury, of the offence
of manslaughter and was sentenced to five years’ imprisonment with hard labour.
In the indictment the particulars of the offence were stated as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“Particulars
of Offence Isaac Biri Twum on 3 November 1964, struck one Edward Kofi Badu, now
deceased, blows with his fist at the Crommer Road-Rippon Avenue junction at
Korle Wokon, Accra, as a result of which the deceased sustained injuries out of
which he died the next day at the Military Hospital. Accra.” The jury returned
a unanimous verdict of guilty of manslaughter, and after sentencing the
appellant, the learned trial judge recorded his disagreement with the jury’s
verdict in these words, “To me the verdict of guilty cannot be supported, but I
am bound by it.”<o:p></o:p><o:p>&nbsp;</o:p>The case
for the prosecution was briefly as follows: On or about 3 November 1964, at
about 5 p.m. the deceased, a police constable, who was off duty, was seen
drinking with friends at a palm-wine bar at Korle Wokon in Accra. The appellant
was also seen standing outside the bar at about the same time, but he later
went inside and joined the deceased and his friends in the drinking. One of the
deceased’s friends called Kofi Minta invited the deceased to another bar called
Lumumba Cafe to continue with their drinking. Just at this time the appellant
also stopped drinking and followed them. He demanded from Minta a debt of 7s.
which he later said was 14s. But Minta asked the appellant to exercise
patience, for he intended on his return with the deceased to the palm-wine bar
to settle the debt. When the deceased and Minta had almost finished their drink
at the Lumumba Cafe, the appellant entered. Minta offered him a drink, but he
declined to accept it. When the three of them got out into the street the
appellant renewed the demand for his money from Minta. Minta refused to pay the
appellant the alleged debt of 14s., and at this juncture the appellant held
Minta’s shirt by the shoulder. The subsequent course of events was narrated by
Minta in his evidence as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“Badu
told the accused that what he was doing was not good. He still held my shirt;
Badu passed his hand behind me and held the accused’s hands to remove his hand
from me. The accused drew his hand away. We took one step then the accused
crossed me in front and hit Badu on the chest with his left hand and hit him in
the face [according to demonstration between the face and the chest]. He fell
down and would not get up. Many people came there. He fell flat.”<o:p></o:p><o:p>&nbsp;</o:p>The
witness said that the deceased bled from the nose.<o:p></o:p>Another
eyewitness, one Kojo Yirenkyi, (the first prosecution witness), also described
the incident as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“There
seemed to be friction between the accused and the third man. It resulted in a
fight and the accused knocked the third man with his fist on the cheek (nasum
in Twi, toi in Ga). There was exchange of blows and the accused knocked the
other man down. Mintah was just standing. When the accused gave the other man a
blow he fell down and could not get up. I went and asked the accused whether he
had seen what he had done. He did not reply. Blood was oozing from the nose and
mouth. I asked the two of them to help me take him to a stand-pipe to wash away
the blood. They did so and I asked them to carry him to where we could get a
taxi. We did so.”<o:p></o:p><o:p>&nbsp;</o:p>The
deceased was carried in an unconscious state to the James Town Police Station,
but he was transferred by the constable on duty, A. B. Abu to the Military
Hospital, where he died the next day. On 5 November 1964, Constable Abu
identified the dead body to Dr. Kay who performed the post-mortem examination
and issued a report as to the cause of deat</main>