QUARTEY ALIAS KUUKUAA vs. THE REPUBLIC [2000]DLCA508

Date	2000-05-11
Suit No.
Citation No.	[2000]DLCA508

AFREH JA

AKOTO-BAMFO JA

AMONOO-MONNEY JA

WILLIAM ODURO FOR THE APELLANT

ANN MAMATTAH SENIOR STATE ATTORNEY FOR THE REPUBLIC

[2000]DLCA508
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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:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">QUARTEY ALIAS KUUKUAA<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:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">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:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">THE REPUBLIC<o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p>[1999-2000] 2 GLR 201<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">

</div>COUNSEL:<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">

WILLIAM ODURO FOR THE APELLANT<o:p></o:p>

ANN MAMATTAH, SENIOR 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 1.0pt 0in">

AFREH, AKOTO-BAMFO AND
AMONOO-MONNEY JJA<o:p></o:p>

</div>JUDGEMENT<o:p></o:p>Afreh JA. <o:p></o:p>The appellant is appealing against her conviction by the High
Court, Sunyani on 6 November 1999 for the murder of one Nathaniel Quartey. The
deceased, aged five-and a -half years at the time of his death, was the stepson
of the appellant. The appellant and her husband (a police constable) lived with
the deceased and two other small children in one room at the police barracks in
Sunyani, Brong-Ahafo. One of these two children was one Dorcas Ocran, who gave
evidence as the fifth prosecution witness. The room next to the one occupied by
the appellant and her husband was occupied by one Corporal David Kwasi
Kumedzro, who gave evidence as the second plaintiff witness and his wife Mrs
Adwoa Dora Kumedzro, who gave evidence as the first plaintiff witness.<o:p></o:p>The second plaintiff witness testified that on 6 November 1997 he
was sitting on the veranda in front of his room when the appellant went to tell
him that her son, that is the deceased, was seriously sick. He followed her
into the appellant’s room. He saw the child lying flat with the eyes open and
blood oozing from his nose. He did not talk to the child. He did not touch his
body. He returned to his room and asked his wife, the first prosecution
witness, to assist the appellant to send the boy to the hospital. He said he
did not hear anything while he was sitting in front of his door.<o:p></o:p>The first prosecution witness testified that on 6 November 1997
she was in their room at the police barracks when she heard the deceased crying
in the room of the appellant. She did not know why he was crying. She heard a
bang in the room of the appellant but could not tell what it was. In his cries,
the deceased said: “Mama, I beg you; I will not do it again.” She did not go to
the room of the appellant. But while still in her room her husband came to tell
her that something had happened to the appellant’s child so she should go and
see. She went into the appellant’s room and saw the deceased in a chair with
blood oozing from his nose. She lifted the child while the appellant held his
hand and sucked the blood from his nostril and the mouth. They put the child on
the floor and poured some iced water on him. He breathed and vomitted blood and
phlegm. He responded when the appellant called him and also identified first
prosecution witness by name. The appellant suggested the deceased had recovered
but the first plaintiff witness did not think so. The appellant also said the
deceased had had convulsion but the first prosecution witness said she could
not see any evidence of that. Although the appellant was unwilling to take
deceased to the hospital, she eventually agreed to do so. The child died later
in hospital.<o:p></o:p>Dorcas Ocran, the first prosecution witness, testified that on 6
November 1997 the appellant asked her to sit one Afua Fripomaa, the little
child staying with the appellant, on the chamber pot. She did so and left for
the kitchen. Its door was locked. She went back to the bedroom. She heard bangs
but did not count how many. The appellant called her and told her that after
Frimpomaa had eased herself the deceased did not wipe the anus before putting
her pants on her. She went out to sweep and then heard the cries of the
deceased. The first plaintiff witness called her to come and clean the corner
and the phlegms in the bedroom. She took a rag and the first prosecution
witness said they were going to the hospital. The first plaintiff witness later
told her the deceased had died. She also said the appellant sometimes corrected
them (that is, the children staying with the appellant) by beating them if they
made mistakes.<o:p></o:p>The medical report gave the cause of death as a right subdural
haemorrhage, that is bleeding under the covering of the brain. A blow, anything
that could actually hit the head or, for that matter, any blunt instrument
could have caused the injury. The two doctors who testified at the trial
rejected the suggestion of counsel for the appellant that death could have been
caused by something falling from a height on a sleeping person. But the
pathologist said death could have been caused by a fall if a person fell from a
height and the head hit the floor.<o:p></o:p>In her statement to the police on the day of the incident, the
appellant said when she woke up she saw the deceased lying down, as if he was
bringing something out from under a chair. Later she observed that he was in
the same position and said that there was phlegm on the nose, she called
Corporal Kumedzro to come to her aid. He also invited the wife, the first
plaintiff witness. Later she and the first prosecution witness took the child
to the hospital where he died.<o:p></o:p>