KWESI vs. THE REPUBLIC [1977]DLSC1346

Date	1977-01-28
Suit No.
Citation No.	[1977]DLSC1346

AZU CRABBE C.J.

SOWAH JA

ANNAN J.A.

APPELLANT IN PERSON.

MRS. BAMFORD-ADDO PRINCIPAL STATE ATTORNEY FOR THE RESPONDENT.

[1977]DLSC1346
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													<main id="main" class="content" style="min-height: 60rem" >KWESI <o:p></o:p>vs. <o:p></o:p>THE REPUBLIC <o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p>[1977] 1 GLR 448<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:
28 JANUARY
1977<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 C.J., SOWAH AND ANNAN JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF AZU CRABBE C.J.<o:p></o:p>Azu
Crabbe C.J. delivered the judgment of the court. The appellant and two others
were tried upon an indictment charging them on three counts-(1) conspiracy, (2)
threat of death and (3) stealing. They were convicted on all the counts and sentenced
to various terms of imprisonment. In this appeal, we are concerned only with
the appeal of John Kwesi, who was the third accused at the trial in the circuit
court.<o:p></o:p><o:p>&nbsp;</o:p>In this
case the complainant, the first prosecution witness, owned Mercedes Benz saloon
230, with registration number GM 7799. The relevant portion of his evidence at
the trial is 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">“On 18
August 1971, at about 6.30 p.m. I left my home at Lartebiokorshie for
Christiansborg to attend church service. I was alone in the car. The church is
at Osu, R.E. I arrived at the churchyard at about 6.45 p.m. Immediately I
stopped, another car pulled beside me on my right side. It was a Mazda car GM
1616. I thought the car belonged to a fellow church member. Immediately I got
out of the car, two people rushed on me with guns: another set of two people
followed. The first one pointed a double-barrelled gun at me, as the other
stood behind me with a revolver. The one with the double-barrelled gun told me
that I was wanted by the Cantonments police. I asked him for what offence. He
simply said that they had instructions to bring me and the car to the police
station. I demanded to see their identity cards. Immediately, I raised my hand,
one of the four held my left hand and another then in the Mazda car said I was
wasting time: and that my wrist-watch as well as the car key should be
collected from me. I could recognise the first accused as the one with the
revolver behind me. The second accused stood in front of me with a
double-barrelled gun. A third person, not in court, searched my pockets while a
fourth man held up my hand and took off my Omega wrist-watch. The one searching
me took away my N¢20.00: my key was also collected by the first accused who
drove away my car. The others joined the Mazda car. I was frightened that I
might be killed. After the car had been seized, I reported to the Cantonments
police, describing the people who had attacked me. During the incident, one Mr.
Nyarko, a church member, was standing close by. He was struck by the second
accused with the butt of the gun.”<o:p></o:p><o:p>&nbsp;</o:p>On 7
September 1971, the complainant identified the first and second accused persons
at an identification parade conducted at the Nima Police Station.<o:p></o:p><o:p>&nbsp;</o:p>The
second witness for the prosecution, Mr. Samuel Nyarko, substantially confirmed
the evidence of the complainant, except that in relation to the appellant he
said: “The third accused was the one who searched the first prosecution
witness’s pocket.” This witness identified the first and second accused persons
at an identification parade at the Nima Police Station on 7 September 1971. The
witness said that on the same day he identified the appellant alone at the
Cantonments Police Station. Nothing can be found in the evidence for the
prosecution to explain the complainant’s absence at the identification parade
held at the Nima Police Station.<o:p></o:p><o:p>&nbsp;</o:p>The case
for the appellant was that he was not at the scene of the crime on 18 August
1971, and he denied the charges. He relied on his investigatory statement to
the police, which unfortunately was not made part of the record of appeal. But
it is clear from the evidence of the appellant that he said in that statement
that his landlord knew of his movements on 18 August 1971. However, the
detective sergeant attached to the Cantonments Police Station testified that
the appellant refused to take him to his landlord to check his statement.<o:p></o:p><o:p>&nbsp;</o:p>