ADDAI vs. THE REPUBLIC [1973]DLCA2349

Date	1973-02-02
Suit No.
Citation No.	[1973]DLCA2349

AZU CRABBE AG.C.J.

JIAGGE JA

KINGSLEY-NYINAH J.A.

ANTWI NIMOH FOR THE APPELLANT.

ASAMOAH SENIOR STATE ATTORNEY FOR THE RESPONDENT.

[1973]DLCA2349
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													<main id="main" class="content" style="min-height: 60rem" >ADDAI<o:p></o:p>&nbsp;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;[1973]
2 GLR 151<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
2 FEBRUARY 1973.<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">

ANTWI NIMOH FOR THE APPELLANT.<o:p></o:p>

ASAMOAH, SENIOR STATE ATTORNEY, FOR THE
RESPONDENT.<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 AG.C.J., JIAGGE AND KINGSLEY-NYINAH
JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF AZU CRABBE AG.C.J.<o:p></o:p>He
delivered the judgment of the court. The appellant was convicted before Edward
Wiredu J. in the High Court of Justice, Central Region, Cape Coast, on 9 July 1971,
of the murder of a woman, Ama Jasiwah, and was sentenced to death.<o:p></o:p><o:p>&nbsp;</o:p>The case
for the prosecution can be briefly stated. On 20 December 1970 at about 3
o’clock in the afternoon, the dead body of the deceased was found by one John
Kwame Boahin alias Kwaku Badu in the middle of a footpath in a bush at a
village called Bethlehem, near Dunkwa, in the Central Region. The distance from
this spot to the village was about one-and-a-half miles. Without closely
examining the dead body, John Kwame Boahin immediately ran back to the village
and made a report to the odikro of the village. He was accompanied to the scene
in the bush by messengers of the odikro, and at this time he saw some wounds at
the back of the neck of the deceased. One of these messengers, Augustin Kofi
Edunyah, identified the body as that of Ama Jasiwah. The last person to see the
deceased shortly before her dead body was discovered in the bush was one Abena
Nina, a younger sister of the deceased. Abena Nina testified 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">“I know
the accused. I remember the Sunday when I heard of the death of my sister. On
that day I went to the scene of the incident. On the morning of that day I saw
her before she left for the farm. That day too I saw the accused following my
sister to the farm. The accused was carrying a cutlass and my sister too had
her cutlass in her basket. I later saw the accused in the village. I saw the
accused when I was sewing in the street coming from the farm carrying plantain
in the basket. The accused then passed and went to his house. I later heard the
accused telling his mother that he was leaving for Kumasi. The time was then
about 2 p.m. I did not see the accused again that day. I later heard that my
sister had been murdered. In the night of that same day round about 11.30 p.m.
I went to the odikro to inform him that I suspect the accused to be responsible
for the murder of my sister and so he should assist in tracing the accused. I
suspected the accused because I saw him going to the farm with my sister.”<o:p></o:p><o:p>&nbsp;</o:p>A report
was subsequently made at the Diaso Police Station to Sergeant Emmanuel Omari
Adofo. The sergeant was led to the scene of the crime, where he saw the
deceased dead and lying across a footpath in a pool of blood. He examined the
body and found one deep cut at the back of the neck. Together with Augustine
Kofi Edunyah and Abena Nina, he attempted to trace the accused at the village
of Dunkwa, but without any success. Detective Inspector Robert Annoh Ashong of
the Dunkwa Police also inspected the scene with the sergeant, and at this time
the dead body was conveyed to the Dunkwa hospital where a post-mortem
examination was performed. Photographs were taken of the dead body, and these
were tendered in evidence as exhibits Al and A2. The dead body was identified
by Abena Nina as that of Ama Jasiwah, and, after the examination, the body was
handed over to the relatives for burial. In the meantime Augustin Kofi Edunyah
and one Boateng had gone to Kumasi to search for the appellant, who had been
described to them by Abena Nina. They found the appellant in a cell at the
Kumasi Zongo Police Station, and, with the assistance of one police officer,
the appellant was escorted to Dunkwa. At the Dunkwa Police Station the
appellant is alleged to have confessed that he was hired for a fee of N¢40.00
by Abena Nina to kill the deceased. The appellant was later on 27 December
1970, taken to the village of Bethlehem for investigation, and this is the
evidence of Detective Inspector Robert Annoh Ashong, who led the investigating
party:<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">“When we
got to the house of the odikro, I asked him to get some men to assist in going
to search for the cutlass the accused is alleged to have used and thrown into
the bush. He granted my request and among the party was the third prosecution
witness. There were two other constables in my company. The sixth prosecution
witness was one of them. The accused led us to a spot in a bush about one and a
half miles from the village and pointed out a spot where he alleged he threw
the cutlass. We cleared the whole area but nothing was foun</main>