THE REPUBLIC vs. CUDJOE KEMEH @ COMMANDO, EHIA FELIX AND ATSU (AT LARGE) [2011]DLHC7953

Date	2011-05-27
Suit No.	CASE NO.: ACC 21/08
Citation No.	[2011]DLHC7953

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

MR. PAUL ABARIGA ASSISTANT STATE ATTORNEY

[2011]DLHC7953
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>CUDJOE KEMEH @ COMMANDO, EHIA FELIX AND ATSU
(AT LARGE)<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">

CASE
NO.:&nbsp; ACC 21/08&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 27TH MAY, 2011<o:p></o:p>

</div>COUNSEL:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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MR.
PAUL ABARIGA, ASSISTANT STATE ATTORNEY<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><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">

<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">JUDGMENT<o:p></o:p>

</div>The accused persons were charged with conspiracy
to commit robbery contrary to sections 23(1) and 149 of Act 29 as amended by
Act 646 for having on the 24th day of September 2007 acted together
with a common purpose to commit crime.&nbsp;
The accused persons were also charged with robbery contrary to section
149 of Act 29 as amended by Act 646 for having on the same 29th
September 2007 robbed one Atuba Abu of Keyed Map Security Company of two tyres,
two rims and two tail lights valued at GH¢950.00, the property of GLICO Ltd.<o:p></o:p>The accused persons present pleaded not guilty to
the charges.&nbsp; It must be stated that the
original 1st accused Gbadaglo Godsway alias Joe Boy was acquitted
and discharged earlier on a submission of no case.<o:p></o:p>The facts of the case as stated by the prosecution
were that on the 29th September/October 2007, the complainant Atuba
Abu, a Security guard was attacked with a gun and cutlasses while he was on
duty at the GLICO yard.&nbsp; The accused
persons tightened him up with a rope and stole a number of tail lights of some
vehicles that were parked in the yard to the value of GH¢950.00.&nbsp; Investigations led to the arrest of the 3rd
accused who then revealed that the 1st and 2nd accused
were his accomplices.&nbsp; The 4th
accused who is at large is the architect who masterminded the robbery.&nbsp; The accused persons were arrested and charged
with the offences.<o:p></o:p>PW1, Fotoa Mensah testified that he is a porter
and a car washer and that he know the accused persons.&nbsp; He said on the night of the incident, he was
asleep but he overheard the original 1st accused and the 3rd
accused herein quarreling.&nbsp; He stated
that the 3rd accused herein told the original 1st accused
that if that is the conduct of him, then they would all be arrested.&nbsp; According to him during the quarrel, the 3rd
accused did not mention anything about a stealing.&nbsp; He further testified that he went to GLICO to
relax but the watchman on duty asked him to leave because the vehicle tail
lights and other things were stolen.&nbsp; He
then stated that he thought that it was the accused persons who stole the items
and so he informed the watchman about.&nbsp;
Eventually, the matter was reported to the Police who went and arrested
the 2nd accused herein.<o:p></o:p>PW2 Gado Musa is a Caretaker of the lorry station
behind Novotel Hotel.&nbsp; He testified that
Policemen brought the 2nd accused herein, Ehia Felix to the lorry
station to investigate the matter.&nbsp;
According to him, he visited the 2nd accused at the Police
cells to inquire whether bail could be granted to him but it was refused and
there he told him that the original 1st accused and the 3rd
accused herein at large had gone to steal and hence was arrested.&nbsp; He further testified that the 2nd
accused told him that he was not part of the stealing gang.&nbsp; He stated that he met the original 1st
accused who informed him that the 2nd accused was not part of the
stealing.<o:p></o:p>PW3 has his stealing evidence expunged.&nbsp; 34672 Lance Corporal Peter Siabi, the Police
Investigator testified that on the 29th October 2007, the case in
issue was referred to him for investigations.&nbsp;
He further testified that he arrested the 1st and 2nd
accused herein and took statements from them.&nbsp;
He tendered Exhibit “A” as the statement of the complainant who is
unavailable.&nbsp; He also tendered the 1st
accused Caution Statement as Exhibit “C” and that of the 2nd accused
as Exhibit “D”.&nbsp; He tendered the 1st
accused’s charged Statement as Exhibit “F” and that of the 2nd
accused as Exhibit “G”.<o:p></o:p>After ruling that a prima facie case was made
against them, the 1st and 2nd accused persons herein
opened their defence.&nbsp; The 1st
accused denied the charges against him.&nbsp;
He testified that he knew the other accused person because they only
came to his chop bar to eat.&nbsp; He said he
was at work when the Police arrested him and when he was confronted with the
charge he denied it.&nbsp; He further
testified that his madam whom he pounded fufu for at the chop bar also pleaded
on his behalf that he was a good person but yet the Police took him away.&nbsp; The 2nd accused also testified in
his defence and denied the charges against him.&nbsp;
He denied going together with the other accused persons to commit
robbery.&nbsp; According to him, he went to
the original 1st accused’s store to drink s</main>