THE REPUBLIC vs. AARON MFARFO [2011]DLHC7952

Date	2011-01-31
Suit No.	CASE NO.: 42/2008
Citation No.	[2011]DLHC7952

HIS LORDSHIP JUSTICE C. J. HONYENUGA J.A. SITTING AS AN ADDITIONAL HIGH COURT JUDGE

[2011]DLHC7952
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													<main id="main" class="content" style="min-height: 60rem" >THE 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>AARON MFARFO<o:p></o:p>[HIGH COURT
(FAST TRACK DIVISION), 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">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">CASE NO.:&nbsp;
42/2008&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:
31ST JANUARY, 2011<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 JUSTICE C. J. HONYENUGA J.A. SITTING AS AN ADDITIONAL HIGH COURT JUDGE<o:p></o:p>

</div>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <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">

</div>The accused was charged with attempted robbery
contrary to sections 18(1) and 149 of the Criminal Offences Act, 1960 (Act 29)
for having on the 4th day of November 2007 at Pokuase did attempt to
rob Louis Aklasu of a pig valued at Seventy Ghana Cedis.&nbsp; The accused was also charged with a second
count of Causing harm contrary to section 69 of Act 29 for having on the 4th
November 2007, at Pokuase did attack Louis Aklasu with a knife and metal bar
and inflicted severe wound to his chest and right eye.<o:p></o:p>The accused person pleaded not guilty to the
charges.&nbsp; <o:p></o:p>The facts of the case were that the Louis Aklasu
who is the complainant is a Caretaker of a piggery for PW2’s son.&nbsp; The accused is unemployed.&nbsp; On the 4th day of November 2007 at about 4pm,
the complainant (PW1) went to his farm and saw a car parked close to the
piggery.&nbsp; Thinking that it was his master
who had come to visit the piggery, he decided to go down and see him.&nbsp; As the complainant got closer to the piggery,
he saw three men and two of them on seeing him quickly jumped into a waiting
car and drove off leaving the accused behind.&nbsp;
The complainant also saw two pigs tied.&nbsp;
He tried to arrest the accused but he was overpowered by the accused who
hit his right eye with a metal bar and stabbed him twice in the chest.&nbsp; The complainant reported the incident to the
Pokuase Police who issued a medical form to him to attend the hospital.&nbsp; The accused was arrested the next day after
the incident and later charged with the offences.<o:p></o:p>The prosecution called three witnesses and the
accused opened his defence but called no witness.<o:p></o:p>PW1 Cudjoe Louis Aklasu testified that he is the
caretaker of a piggery and on the 4th day of November 2007 at about
4.30pm, he visited the farm and spotted a car with two men in it.&nbsp; When he got closer, the car sped off leaving
the accused stranded.&nbsp; He also saw two
pigs tied up and when he turned round, the accused kicked him down and stabbed
his chest with a knife and hit his face with an object.&nbsp; He was taken to the Police station and given
a medical form to attend Amasaman Clinic but because the injuries were serious,
he was referred to Nsawam Government Hospital where he was treated.&nbsp; He stated that the Police took pictures of
him and the scene.&nbsp; He identified the
picture of the pig tied down.<o:p></o:p>PW2, Mac Anthony Quaye also testified that he was
in his house when PW1 came with blood on his face.&nbsp; He stated that the accused narrated the
incident leading to his injuries to him and as a result he took him to the
Pokuase Police Station to lodge a report where PW1 was given a medical form to
attend hospital at Amasaman and later Nsawam Government Hospital where PW1’s
wounds were stitched.<o:p></o:p>PW3, Inspector Kwame Gyapong, the investigator
stated that upon the report and the case of referred to him, he issued a
medical form to PW1 because of his injuries on his left eyelid and the left
side of his chest.&nbsp; He testified that the
accused was arrested and he later took both the accused and PW1 to the
scene.&nbsp; According to him, the accused
denied the offence and told him that he and PW1 rather fought.&nbsp; He stated that he saw a pig tied down at the
scene.&nbsp; He tendered the caution statement
as Exhibit “A” and a further caution statement as Exhibit “B”.&nbsp; The charged statement as Exhibit D, PW1’s
photograph with his wounds were also tendered as Exhibit E and the pig tied
down as Exhibit E1.&nbsp; He stated that he
saw where the fighting took place.<o:p></o:p>When the court ruled that a prima facie was made
against the accused he opened his defence and stated that on the day of the
incident he and the accused drunk together at a drinking bar but PW1 left the
bar before him.&nbsp; According to him, PW1
left for his piggery where he is a Caretaker for PW2’s son.&nbsp; He testified that his father sold the land on
which the piggery is but he later saw a car pass by to the land and so he went
there to inquire.&nbsp; Upon reaching the land
he saw some people in a car who told him that they wanted to buy land and so he
bargained with them.&nbsp; At that juncture,
persons wanted to buy land and PW1 then told them that the land is for the
accused’s father.&nbsp; Those with the car
then told the accused that they would rather pay the cost of the land to his
father and they left in the car.&nbsp; According
to him, PW1 called him a thief for wanting to sell his father’s land and so a
quarrel ensued.&nbsp; He stated that PW1
blocked his way while he wanted to go home and knowing that he was recently
operated on his left arm, PW1 threatened to his him on it.&nbsp; He stated that a fight ensued and he admitted
pulling PW1 on the ground and he got injured from his blow caused by the ring
he wore.&nbsp; After the fight they parted
ways.&nbsp; He denied tying any pig and denied
the charges against him.<o:p></o:p>I must commend Miss Winifred Sarpong, the learned
Assistant State Attorney for her competence and the industry she has put in her
written address.&nbsp; Her industry is
commendable.&nbsp; Particularly when learned
counsel for the accused refused to file his address.<o:p></o:p>Now, it is a cardinal principle of our criminal
jurisprudence that the prosecution must prove the guilt of the accused beyond
all reasonable doubts.&nbsp; See sections
11(2), 13(1</main>