PRACTICE NOTE: KWAKU GRUNSHIE vs. THE REPUBLIC [1987]DLCA1173

Date	1987-05-19
Suit No.
Citation No.	[1987]DLCA1173

SOWAH JA

KINGSLEY-NYINAH JA

FRANCOIS J.A.

K. S. P. JANTUAH FOR THE APPELLANT.

HAYFRON-BENJAMIN PRINCIPAL STATE ATTORNEY FOR THE RESPONDENT.

[1987]DLCA1173
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													<main id="main" class="content" style="min-height: 60rem" >PRACTICE NOTE: KWAKU GRUNSHIE <o:p></o:p>vs.<o:p></o:p>&nbsp;THE REPUBLIC<o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p>&nbsp;[1979] GLR 177<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:
19 MAY, 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">

K. S. P. JANTUAH FOR THE APPELLANT.<o:p></o:p>

HAYFRON-BENJAMIN, PRINCIPAL 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">

SOWAH, KINGSLEY-NYINAH AND FRANCOIS
JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF FRANCOIS J.A.<o:p></o:p>Francois
J.A. delivered the judgment of the court. On 25 June 1968, Kwaku Grunshie faced
a charge of murder at the Sunyani Criminal Sessions. Before the trial commenced
his counsel pleaded that he should be sent for medical observation. He urged
that the accused was exhibiting clear signs of persecution mania. The state
attorney associated himself with the application and the learned judge (Sampson
Baidoo J.) ordered the accused to be subjected to psychiatric observation at
the Mental Hospital, Accra. The case was then adjourned pending the specialist
psychiatrist’s report.<o:p></o:p>At the
resumed hearing about a year later, the state attorney sought leave of the
court to discontinue the case and urged a committal of the accused to the
mental hospital as a criminal lunatic under section 134 (4) (b) of the Criminal
Procedure Code, 1960 (Act 30), which he invoked. Counsel for the accused
expressed agreement with the course contemplated by the state attorney, adding,
“The case falls under section 134 (4) (b) of Act 30.”<o:p></o:p>The
learned judge in acceding to the application ruled 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
accused herein is charged with the murder of one Kwadjo Grunshie committed on
13 November 1967 at Wamawiem near Wamfie. The summary of evidence and the facts
of the case as stated by the state attorney show that the accused seized his
own fourteen month-old son from his wife and started rushing towards the bush.
He was chased but before he could be caught the acused struck the head of the child
against the ground. The child was rushed to hospital where he died shortly
after. Before the incident the accused had exhibited clear signs of insanity by
talking to himself and behaving strangely. According to the psychiatrist, Dr.
C. C. Adomako who examined the accused, the accused was ‘labouring under
persecutory delusion’ and was insane.<o:p></o:p><o:p>&nbsp;</o:p>Order:<o:p></o:p>In view
of the state attorney’s application, I order that the accused Kwaku Grunshie
who is charged with the offence of murder be detained in custody as a criminal
lunatic in hospital until the pleasure of the National Liberation Council is
known, as provided under section 137 of Act 30.”<o:p></o:p><o:p>&nbsp;</o:p>Assailed
by doubts on the security aspects of the order, the learned judge relying on
section 408 of Act 30 later amended his committal order to place the accused
“in custody in any of the state prisons within reasonable distance of a mental
hospital to facilitate such further medical treatment by a psychiatrist as may
be found necessary from time to time as the need arises.”<o:p></o:p><o:p>&nbsp;</o:p>Some
years have now elapsed and fresh counsel for the accused with fresh ideas now
challenges the order of the learned judge on the grounds that the statutory
provisions contained in section 134 were breached. Learned counsel expresses
himself in a formulation appearing in his additional grounds of appeal:<o:p></o:p>&nbsp;“(a) The order for the detention of the
appellant made by the learned trial judge dated 23 July 1969 was unlawful or a
nullity or both and the consequent order by warrant (if any) of the Minister
was likewise unlawful or a nullity or both in that the said learned trial judge
did not before making the said order comply as he was bound to do with the
provisions of section 133 (2) and section 134 (4) (b) of the Criminal Procedure
Code, 1960 (Act 30). (b) The learned trial judge had no jurisdiction to make
the said order under section 137 of the said Code as he purported to do.”<o</main>