KWASI KUMA vs. THE REPUBLIC [1971]DLCA2231

Date	1971-01-22
Suit No.
Citation No.	[1971]DLCA2231

AZU CRABBE JA

APALOO JA

JIAGGE J.A.

TAY FOR THE APPELLANT.

MRS. AMANKWA SENIOR STATE ATTORNEY FOR THE REPUBLIC.

[1971]DLCA2231
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													<main id="main" class="content" style="min-height: 60rem" >KWASI KUMA <o:p></o:p>vs. <o:p></o:p>THE REPUBLIC <o:p></o:p>[COURT OF APPEAL]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1972] GLR 179<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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DATE:
22 JANUARY, 1971.<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;
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TAY FOR THE APPELLANT.<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;
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AZU CRABBE, APALOO AND JIAGGE JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF APALOO J.A<o:p></o:p>Apaloo
J.A. read the majority judgment. On 25 July 1968 the appellant was convicted in
the High Court, Sunyani, by Sampson Baidoo J. sitting with a jury of the murder
of one Kwadjo Francis and was sentenced to death.<o:p></o:p><o:p>&nbsp;</o:p>The
appellant was related to the deceased by marriage. The latter was a fetish
priest who earned a living by his fetish. He lived in a village called
Oppongkrom which is about four miles from Goaso. At about 7 p.m. on 3 January
1967, the deceased was performing certain fetish rites in the yard of his
house. With him were some members of his family. All of a sudden, the deceased
was hit by pellets from two gunshots which were fired in rapid succession. He
sustained injuries in his forehead and left side of the chest and died moments
afterwards. Dr. Horvath who performed an autopsy on the body of the deceased
was of opinion that death was caused by “haemothorax” of the left side of the
chest. None of the members of the deceased’s family who were with him saw who
fired the shots.<o:p></o:p><o:p>&nbsp;</o:p>Just
about dawn the next morning, the appellant called at the police station at
Goaso. He was then carrying a double-barrelled gun. The appellant attracted the
attention of constable Yeboah who was then sweeping the corridor of the charge
office. When the police noticed him, he handed the double-barrelled gun to the
police. Curious, the constable asked the appellant what the matter was. The
appellant requested the constable to wait a minute. He then put his hand into
his pocket and produced eight live cartridges which he handed to the police. He
then explained that he shot one Kwadjo Francis (the deceased) at about 8 p.m.
the previous evening at Oppongkrom. He was not sure whether his victim was
alive or dead but he had come to the station to surrender himself. He was then
taken into custody.<o:p></o:p><o:p>&nbsp;</o:p>He was
charged with the murder of the deceased that very day. He then made to the
police a long statement about his personal life. In particular, he said he had
an illness which defied treatment and he consulted the deceased who assured him
that he could be cured by the fetish provided he brought a sheep, goat, dog and
such other things. The appellant said he made it clear to the deceased that if
he brought these things but the fetish failed to cure him, he would take the
life of the deceased. He said the deceased agreed to this. The appellant said
he brought the things which the fetish demanded but the fetish failed to cure
him. The appellant then said he made up his mind to dispose of his personal
effects and then kill the deceased but before he could do this the deceased
complained to the police that he (the appellant) was mad. He attended the
Nsawam Hospital many times without result. When the deceased reported to the
police that he was mad, the latter came to his village. He said he decided to
kill the police also but on reflection, thought he should not as the police had
done him no wrong.<o:p></o:p><o:p>&nbsp;</o:p>The
statement which the appellant made to the police only hours after the shooting
is extremely odd and is such as would put any reasonable man on inquiry as to
his sanity. While in custody, he must have exhibited a similar trait, because
he was then sent to the mental hospital for observation. After some period in
hospital, Dr. Diji the specialist psychiatrist diagnosed his illness as
catatonic schizophrenia. The doctor said as the appellant was unable to provide
them with a medical history, he could not say how long the appellant suffered
this mental illness before his admission.<o:p></o:p><o:p>&nbsp;</o:p>