APETORGBOR AND OTHERS vs. THE REPUBLIC [1974]DLSC2255

Date	1974-04-03
Suit No.
Citation No.	[1974]DLSC2255

LASSEY JA

ARCHER JA

KINGSLEY-NYINAH J.A.

AMARFIO FOR THE FIRST APPELLANT.

OFFEH FOR THE SECOND APPELLANT.

ASIAMAH FOR THE THIRD APPELLANT.

OKYERE-BOATENG FOR THE FOURTH APPELLANT.

ASAMOAH SENIOR STATE ATTORNEY FOR THE RESPONDENT.

[1974]DLSC2255
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">APETORGBOR AND OTHERS<o:p></o:p><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">&nbsp;vs. <o:p></o:p><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">THE REPUBLIC <o:p></o:p>[COURT OF APPEAL,
ACCRA]<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;[1974] 1 GLR 347<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:
3 APRIL 1974.<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">

AMARFIO
FOR THE FIRST APPELLANT.<o:p></o:p>

OFFEH FOR
THE SECOND APPELLANT.<o:p></o:p>

ASIAMAH
FOR THE THIRD APPELLANT.<o:p></o:p>

OKYERE-BOATENG
FOR THE FOURTH 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">

LASSEY, ARCHER AND KINGSLEY-NYINAH
JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ARCHER J.A.<o:p></o:p>On 17
April 1969, Saviour Gawuga, a typist employed at the Anlo Secondary School at
Anloga, in the Volta Region, attended a wake-keeping with some friends living
in the same house at Anloga Kportorgbe. They returned home at about 11 p.m. the
same day and each went to his bedroom to sleep. The next morning, Saviour
Gawuga could not be found in his bedroom but there were traces of blood on the
verandah leading to the bedroom.<o:p></o:p><o:p>&nbsp;</o:p>Three
days later, in the afternoon of 20 April 1969, a school teacher at Dzelukope,
found a dead body at the beach. This body was later identified to be that of
Saviour Gawuga. The medical evidence indicated that death had occurred within
72 hours and the body was in an advanced stage of decomposition. The medical
evidence ruled out the possibility of drowning because there was no water in
the lungs. There were extensive injuries on the body which in the opinion of
the doctor, who performed the autopsy, must have been caused by a sharp
instrument. When the body was found on the beach, the eyes were missing, the
tongue had been cut out, parts of the upper and lower lips had been severed and
the flesh around both cheeks had been cut away and the intestines were
protruding from a wound in the abdomen.<o:p></o:p><o:p>&nbsp;</o:p>After
police investigations, five persons including the four appellants were charged
with the murder of the deceased. At the close of the case for the prosecution,
the fifth accused was acquitted and discharged for lack of evidence. The four
appellants opened their defence and denied the charge. The third and fourth
appellants relied on an alibi. Nevertheless, after a careful summing-up the
jury returned a verdict of guilty of murder against all of the four appellants.
Each of them appealed to this court and was represented by separate counsel.<o:p></o:p><o:p>&nbsp;</o:p>The
common ground of appeal was that the verdict of the jury was unreasonable
having regard to the evidence led in court. What was the evidence led by the
prosecution? The first appellant (Prosper) and the second appellant (Wisdom)
are brothers and they lived in the same house as the deceased. The third
appellant (Alfred) and the fourth appellant (Clemence) are cousins but they
lived elsewhere in the same town. The distance between the fourth appellant’s
house and that of the first appellant is about 130 yards.<o:p></o:p><o:p>&nbsp;</o:p>During
the night of 17 April and in the early hours of 18 April 1969 the second
appellant’s wife called Ehie Vudo was sleeping with her children in the house
where the deceased (also known and called teacher) lived. This woman testified
that while she was asleep she heard noises as if a door was being knocked and
banged. When she got up</main>