THE REPUBLIC vs. HUSSEINI NUHU [2010]DLHC8248

Date	2010-08-12
Suit No.	F15/1/06
Citation No.	[2010]DLHC8248

HIS LORDSHIP JUSTICE JACOB B. BOON

RICHMOND OSEI-HWERE FOR THE REPUBLIC

DEI KWARTENG FOR THE ACCUSED PERSON

[2010]DLHC8248
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>HUSSEINI NUHU<o:p></o:p>[HIGH COURT,
KUMASI]<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">

F15/1/06&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; &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:
12TH AUGUST, 2010<o:p></o:p>

</div>COUNSEL:<o:p></o:p>RICHMOND
OSEI-HWERE FOR THE REPUBLIC<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">

DEI
KWARTENG FOR THE ACCUSED PERSON<o:p></o:p>

HIS LORDSHIP JUSTICE JACOB B. BOON<o:p></o:p>

</div>Ladies
and gentlemen of the jury,<o:p></o:p>The accused person before you, Husseini Nuhu, is charged
on one count with manslaughter contrary to section 50 of the Criminal Offences
Act of Ghana 1960, Act 29. What amounts to manslaughter is indicated in section
51 of the same Act 29 and a person commits manslaughter if he causes the death
of another through unlawful harm. However, you must note that if the harm is
caused by mere negligence that cannot be manslaughter unless the negligence
amounts to a reckless disregard for human life. It must be proved that the accused
person showed a total disregard for the life and safety of the deceased which
exposed him to death. Thus in such a charge, the prosecution is enjoined to
prove that the unlawful harm of the accused caused the death of the deceased,
and where it is through gross negligence, it must be established that the deceased
was exposed to death by the negligent conduct of the accused person.<o:p></o:p><o:p>&nbsp;</o:p>In any of these situations, the prosecution is bound to establish
the guilt of the accused person beyond reasonable doubt, as distinct from
fanciful doubt. The guilt of the accused must not be determined on any other
consideration other than the evidence led at his trial. You are not to look
outside the trial for evidence to decide his guilt or otherwise, neither are
you to imagine or conjure evidence in your deliberations.<o:p></o:p><o:p>&nbsp;</o:p>At this stage, it will be relevant to remind ourselves of
the facts of this case as the prosecution presented them to you at the
beginning of the trial. They are as follows:<o:p></o:p>The deceased was a driver and lived at a suburb of Kumasi
called Adabraka. The accused person is also a driver and lives at the same
vicinity as the deceased. Prior to his death, the deceased was on a number of
occasions, dismissed by various employers, and he blamed his misfortune on the
accused person, who he believed peddled false information about him.<o:p></o:p><o:p>&nbsp;</o:p>On the night of 1/2/04, the deceased was called out of
his house by the accused and two others. Outside the house, a fight ensued
between the deceased and the other group and in the process the deceased was
stabbed with a knife, according to the prosecution. He was rushed to Old Tafo
Hospital and later to Komfo Anokye Teaching Hospital where he was pronounced
dead. The pathologist report indicated he died out of massive bleeding as a
result of a stab wound. Accused was arrested and after investigations, he was
charged with the offence. <o:p></o:p><o:p>&nbsp;</o:p>There is no dispute that the person mentioned in the
charge sheet, Issifu Abdulai, is dead, and the pathologist who appeared at the
trial and tendered in evidence the post mortem report on him said he died as a
result of massive bleeding due to stab wound. The report, you will recollect,
is in evidence as exhibit ‘A’. According to exhibit ‘A’ the wound measured 8.0
x 5.0 mm, and sharp-edged, located at the anterior chest wall. In the opinion
of the witness, the implement that was used had sharp edges on both sides of
it, and said emphatically that a screw driver could not have caused such a wound.<o:p></o:p><o:p>&nbsp;</o:p>From the evidence led by the prosecution, it was only
their first witness, Facial Saeed, who said he saw the accused on top of the
deceased who then lay on the ground and was being stabbed with a screw-driver
by the accused. To refresh your memories, I reproduce hereunder part of the
evidence of this witness:<o:p></o:p><o:p>&nbsp;</o:p>“That day accused and Issifu
had a confrontation outside, and I separated them. They left for their various
homes. I also went home. In an hour’s time I heard noise, that was around
10:30pm. I came out and saw that it was accused and deceased again who were
engaged in yet another confrontation. I saw deceased on the ground, and accused
was on top of him. He was holding a screw-driver. He was stabbing the deceased
with it. I took the deceased to Old Tafo Hospital. I was with others. T</main>