MARHABA AND OTHERS vs. THE REPUBLIC [1978]DLHC1152

Date	1978-03-17
Suit No.
Citation No.	[1978]DLHC1152

TAYLOR J.

ALHAJI K. SWANZY FOR THE APPELLANTS.

D. K. AFREH CHIEF STATE ATTORNEY FOR THE REPUBLIC.

[1978]DLHC1152
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													<main id="main" class="content" style="min-height: 60rem" >MARHABA AND OTHERS <o:p></o:p>vs. <o:p></o:p>THE REPUBLIC<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>&nbsp;[1979] GLR 90<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:
17 MARCH 1978<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">

ALHAJI K. SWANZY FOR THE APPELLANTS.<o:p></o:p>

D. K. AFREH, CHIEF STATE ATTORNEY, FOR THE
REPUBLIC.<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">

TAYLOR J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF TAYLOR J.<o:p></o:p>This is a
straightforward case and although in the view I take of the law, the facts in
detail are not necessary for a decision, a very brief narration or summary of
the said facts may be helpful in order to set the case in its proper
perspective. Perhaps the best synopsis of the facts which accords with the
evidence is what the senior state attorney, Mr. Kaleo Bio, who presented the
case, gave as facts to the court and it 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">“The
complainant is a legal practitioner. At about 10 a.m. on 11 April 1973, the
first accused was driving a car from the Liberation Circle towards Kaneshie.
The two other accused persons were in the car with him. The complainant was
also in his car driving in the same direction. When the two cars reached an
intersection they grazed each other. The first accused got out of his car and
the complainant also got down. Both of them started blaming each other for the
accident. In the course of the altercation that ensued the first accused hit
the complainant. The complainant hit back. The second accused came out of the
first accused’s car and also hit the complainant. The two accused persons
started beating the complainant. At this stage the third accused who is the
watchman of the first and second accused persons joined them and they beat up
the complainant mercilessly. They throw him on the ground and stamped on all
over his body and made a complete mess of his face. They then threw him in the
gutter and left him there. Severe injuries were inflicted on the complainant as
a result of the incident.”<o:p></o:p><o:p>&nbsp;</o:p>There can
be no doubt whatsoever that on these facts the complainant was assaulted and
injured by the appellants and even though the complainant made a half-hearted
attempt to fight back, the fight was so unequal and the beating and the injury
inflicted so unnecessary that barring any legal impediments I am unable to see
any legal defence which the appellants can put forward. In such a frame of mind
it is difficult to be calm in the course of the argument. It is a bad case on
the facts.<o:p></o:p><o:p>&nbsp;</o:p>In their counsel,
however, was a one time Attorney-General in the Government of our first
Republic, Alhaji Kwaw Swanzy, an astute and brilliant advocate whose amazing
industry and undaunted zeal brought to light certain hidden legal
irregularities only discoverable by the application of a strange blend of a
Sherlock Holmes’ mentality with a curious appreciation of detail, a
professional dedication to legality, and a profound sense of responsibility to
the clients.<o:p></o:p><o:p>&nbsp;</o:p>When the
case first came before me, I did not mince words. I made it plain, rather too
hastily, that I would dismiss the appeal peremptorily. A reference to the audi
alteram partem principle by counsel cowed me down. I must confess I was bored
by the argument on the facts, but my exasperation was stifled when the
arguments on the law commenced with such force and learning, undoubted
experience and nimbleness of mind, the force and impact of which warned me that
the judicial function is best discharged by the due exercise of patience of the
biblical Job variety.<o:p></o:p><o:p>&nbsp;</o:p>In the
course of the arguments and after adjournments in the secluded safety of my
chambers I asked myself time and again: These are obviously guilty persons. Is
it possible our criminal jurisprudence is so bankrupt that the law can say:
Never mind, for this and that reason set aside these convictions? In order to
understand this problem and answer the question it is, I have found out,
essential to grasp the necessity for the maintenance of the integrity of the
judicial process.<o:p></o:p><o:p>&nbsp;</o:p>