WILLIAMS vs. THE REPUBLIC [1984]DLCA1008

Date	1984-05-09
Suit No.
Citation No.	[1984]DLCA1008

EDUSEI JA

MENSA BOISON JA

EDWARD WIREDU J.A.

YORKE FOR THE APPELLANT.

OSAFO SAMPONG PRINCIPAL STATE ATTORNEY FOR THE RESPONDENT.

[1984]DLCA1008
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													<main id="main" class="content" style="min-height: 60rem" ><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

WILLIAMS <o:p></o:p>

{COURT OF APPEAL, ACCRA} <o:p></o:p>

[1984-86] 1 GLR 565<o:p></o:p>

DATE:
9 MAY 1984<o:p></o:p>

</div><o:p>&nbsp;</o:p>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">

YORKE
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;
padding:0in 0in 0in 0in">

EDUSEI, MENSA BOISON AND EDWARD WIREDU JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF MENSA BOISON J.A.<o:p></o:p>Mensah
Boison J.A. delivered the judgment of the court. This is an appeal by Mariama
Williams against her conviction and sentence for the murder of her husband J.B.
Lari. The trial was before Gogo J., sitting with a jury at the High Court,
Sekondi on 3 January 1981.<o:p></o:p><o:p>&nbsp;</o:p>The
deceased, Lari, was a superintendent in the Special Branch of the Ghana Police
Service, and at the time of these events had been posted on transfer from
Sekondi to Kumasi since January 1979. The appellant, as wife, and the rest of
Lari’s household, however, were still at the deceased’s official bungalow at
Palm Line Estates, Sekondi awaiting final removal to Kumasi.<o:p></o:p><o:p>&nbsp;</o:p>The
couple, both from Bawku in the Upper East Region, had been married for about
twelve years by then; the appellant having risen to the grade of nursing
officer within the period, and was at the time working at Effia Nkwanta
Hospital. Besides the three young sons of the marriage, there was Narki, a
pre-marital daughter of the appellant. She was seventeen and still in school,
and had come from Accra to live with the couple for a year by then. Other
relatives of the deceased made up the complement of the household. One such
relative was Vincent Daminie, who happened to have arrived home from his
studies at Legon, on 2 March 1979, to be the star prosecution witness, the
first prosecution witness, at the trial.<o:p></o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p>The facts
relied on by the prosecution were that on 2 March 1979 when the first
prosecution witness arrived from Accra at about noon, he noticed the personal
belongings of the appellant packed in the hall. When the appellant returned
from work in the afternoon and the first prosecution witness inquired whether
the family were moving out of the bungalow, the appellant confided to him that
she alone was going away since she had decided to leave the deceased for good.
As the appellant would not tell the reason for her decision, the first
prosecution witness was obliged to telephone the deceased at Kumasi that same
evening, and eventually spoke at about 9 p.m. with the deceased. He informed
him of the appellant’s intentions and urged the deceased to come down to
Sekondi the next day. When the deceased tried to get some explanation from the
appellant directly the appellant curtly told him to come and collect his
children and relatives from the bungalow.<o:p></o:p><o:p>&nbsp;</o:p>By 9 am
the next day 3 March 1979, the deceased had arrived at the bungalow. The
appellant was away to the market, but when she returned at about 10 am, she
would not have anything to do with the deceased. She took herself away from the
house and did not return till dusk. Their pastor of the Baptist Church was in,
at the request of the deceased, to appease the appellant. He had to take the
appellant to their chapel for prayers and exhortations at reconciliation, and
return at about 9 p.m. with very little success. He promised to meet the two
together, the following afternoon.<o:p></o:p><o:p>&nbsp;</o:p>But that
was never to be. The night of 3 March 1979 proved disastrous and fateful. The
couple must have retired after the rest of the household had slept. A violent
quarrel erupted, and some minutes before midnight Lari’s bedroom was seen
ablaze, with dense smoke, and with the appellant screaming frantically for help
and rescue. The second prosecution witness, a neighbour</main>