REPUBLIC vs. JOSEPH KWAME DUNKU @ KAPI, MARK BAFFOE @ BOB AND ISAAC KAYIKA [2009]DLHC7797

Date	2009-03-03
Suit No.	ST.21/05
Citation No.	[2009]DLHC7797

HIS LORDSHIP E. K. AYEBI SITTING AS AN ADDITIONAL HIGH COURT JUDGE

JULIO DEMENDERIOS FOR 1ST ACCUSED

YVONE OBUOBISA FOR THE REPUBLIC

[2009]DLHC7797
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													<main id="main" class="content" style="min-height: 60rem" >REPUBLIC<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0">vs.<o:p></o:p>JOSEPH KWAME DUNKU @ KAPI, MARK BAFFOE @
BOB AND ISAAC KAYIKA<o:p></o:p>[HIGH
COURT (FAST TRACK), ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

ST.21/05&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 3RD MARCH, 2009<o:p></o:p>

</div>COUNSEL:<o:p></o:p>JULIO
DEMENDERIOS FOR 1ST ACCUSED <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

YVONE
OBUOBISA 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:0cm 0cm 1.0pt 0cm">

HIS
LORDSHIP E. K. AYEBI SITTING AS AN ADDITIONAL HIGH COURT JUDGE<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

</div>ACCUSED PERSONS –
PRESENT <o:p></o:p>AYEBI J.A.<o:p></o:p>The first accused (A1) is a carpenter by profession
and well-known to the complainant Dora Asare and members of her household for
many years.&nbsp; On 28/02/02, complainant who
trades in beverages and sweets in Accra Central went to work.&nbsp; Whiles she was at work, A1 went to the house
at South Labadi Estates to ask of her a little after midday.&nbsp; He was told complainant had not returned.<o:p></o:p>Not far from complainant’s house is a spot where “pito”
or “brukutu”, a local drink is sold.&nbsp; A1
went to the spot to have some drink.&nbsp;
Whiles there, two members of complainant’s household came to meet
him.&nbsp; Parked close to the drinking spot
was a golf saloon car.&nbsp; A1 was allegedly
seen interacting or communicating with the occupants of the golf car during his
stay at the drinking spot.&nbsp; When the
members of complainant’s household were leaving the spot and invited A1 back to
the house, A1 refused to go with them.<o:p></o:p>The complainant arrived home after 6.00p.m.&nbsp; When her gate was opened and her car was
driven into her house, three armed men also followed upon them.&nbsp; They demanded the car key from the driver amidst
threats of death if their orders were disobeyed.&nbsp; They ordered complainant and her two drivers
to lie face down.&nbsp; In the process, the armed
men managed to remove ¢61.5m, documents and some sweets from complainant’s
car.&nbsp; They hurriedly put them into the
golf car which they parked in front of the house and sped away.<o:p></o:p><o:p>&nbsp;</o:p>It is recalled the golf car was seen earlier in the
day at the drinking spot by two members of complainant’s household and A1
interacted with the occupants.&nbsp; Complainant
therefore held A1 as the mastermind behind the robbery and caused his
arrest.&nbsp; Later A2 and A3 were identified
at an identification parade by a witness who saw them at the drinking spot.&nbsp; They were charged variously.&nbsp; <o:p></o:p>A1 was charged with abetment of crime to wit,
robbery contrary to sections 20(1) and 149 of the Criminal Code, 1960 (Act
29).&nbsp; The particulars say he abetted the
robbery of the complainant by A2 and A3.&nbsp;
A2 and A3 on the other hand were charged with conspiracy to rob and
robbery of the complainant of ¢61.5m on 28/02/02 contrary to section 23(1) and
149 of the Criminal Code, 1960 (Act 29) respectively.<o:p></o:p>All the accused denied the charges against
them.&nbsp; It appeared from the prosecution
evidence that three police officers investigated this case at various stages.&nbsp; Detective Inspector John Kingsley Duah (at
the time a Seargeant) took only investigation cautioned statement from A2 after
he had been identified by PW3, Rita Afua Tay.&nbsp;
PW6 Detective Corporal Kessie Akrasi only tendered photocopies of
investigation cautioned and charged statements taken by one Sgt. Sarfo.&nbsp; According to him, he personally did not do
any investigations into this matter.&nbsp;
Accordingly, the two police officers were of no assistance to the court
by way of evidence or personal knowledge of this matter.<o:p></o:p>For example the prosecution could not tell the
court when and how each of the accused was arrested.&nbsp; But from the investigation cautioned
statements of the accused, A1 was arrested first, for he gave his first of
three statements on 3/07/02, next was A2 who gave the first of his two
statements on 5/11/02 and lastly A3 who gave his only cautioned statement on
1/10/03.<o:p></o:p>It appeared from A1’s statement that he was
arrested in connection with this robbery on 28/02/02 of the complainant herein.&nbsp; A2 however stated that he was arrested in
connection with a robbery which took place at the Apenkwah petrol station when
he was on duty as a security officer.&nbsp; In
the case of A3, he said he got a taxi driven by one Kyei for some passengers at
their station.&nbsp; He was later informed
that the said taxi was used to commit robbery.&nbsp;
So he was arrested to produce the said Kyei, the driver.<o:p></o:p>A2 and A3 told the court that they were added to
some other suspected armed robbers to be identified at the Police Striking
Force in connection with this robbery at South Labadi Estates.&nbsp; PW3 said she identified them as those she saw
in or about the golf car at the drinking spot.&nbsp;
Both A2 and A3 contend that they have been mistakenly identified and
linked with the said robbery.<o:p></o:p><o:p>&nbsp;</o:p>