Republic Vrs Akwetey [2022] GHADC 231 (20 October 2022)

IN THE DISTRICT COURT HELD AT AKIM OFOASE ON THURSDAY 20TH OCTOBER, 2022 BEFORE H/W KEN. OKYERE-ABOAGYE AS MAGISTRATE. SUIT No: ER/AOF/DC/B3/17/22 THE REPUBLIC v. TEYE AKWETEY JUDGMENT Charge: Causing harm contrary to section 69 of Act 29/60 Particulars of offence: Teye Akwetey alias Kofigo, age 64 years’ farmer: for that you on the 22nd of March, 2022 at Nyamebekyere Domeabra in the Eastern Magisterial District and within the jurisdiction of this Court, you caused harm to one Daniel Atsu. Upon his arraignment before this court, Teye Akwetey pleaded not guilty to the charge. That common law rule that a person is presumed innocent until the contrary is proved or his guilty plea is reinforced by Article 19(2)(c) of the 1992 Constitution enacts as follows: “(2) A person charged with a criminal offence shall ------- (c) be presumed to be innocent until he is proved or has pleaded guilty.” The mandatory requirement that the guilt of the person charged ought to be established beyond reasonable doubt and the burden of persuasion on the party claiming that a person was guilty, has been provided for in sections 13 and 15 of the Evidence Act, 1975 (NRCD 323). Significantly, whereas the Prosecution carries that burden to prove the guilt of the Accused beyond reasonable doubt, there is no such burden on him to prove his innocence. At best he can only raise a doubt in the case of the Prosecution, but the doubt must be real and not fanciful. The facts of the matter are that, complainant Daniel Atsu age 69 years is a distiller whilst accused Teye Akwetey alias Kofigo age 64 years is a farmer and both resident at Nyamebekyere Number 2, a suburb of Akim Ayirebi. That on Tuesday 22nd March, 2022 at about 1:30pm, a misunderstanding ensued between accused and some laborers of the complainant at the distillery of the complainant. that complainant who intervened to have the matter resolved amicably, was violently attacked by accused who was by then welding a sharp cutlass. That accused severely slashed the complainant with the cutlass on his stomach, rips and chest that Richard Lamptey who was at the scene together with the laborers, rushed complainant to the Ayirebi Health Center for treatment and thereafter reported the matter to Police. That complainant was referred to the Akim Oda Government Hospital due to his severe injuries for further treatment. That four (4) days later, complainant was again referred to Koforidua Regional Hospital to see a specialist due to his critical condition. Police visited complainant at the hospital and issued a medical form for the medical Officers endorsement. That on Friday, 8th April, 2022 complainant was discharged but was not fit to walk properly. Since then, accused went into hiding until the 12th of April where he was spotted on the street just in front of this Court, hence his arrest for further action. In the accused cautioned statement, he denied the offence, however, after Police investigation, accused was charged with the offence before this Court. The evidence of PW1, Daniel Atsu a farmer resident at Nyamebekyere had it that he knows accused person in his vicinity. PW1 continued that about a year and a half ago, accused came to him to say that he had palm plantation for sale so the following day, they went to the farm at Nyamebekyere and counted one hundred (100) trees and they agreed to GHc10 per tree, then he paid GHc500 the following day to accused so he was to fell those trees for palm wine tapping. PW1 averred that he couldn’t fell them because he had also cultivated rice, however, accused was harvesting the palm fruits from those trees sold to complainant. PW1 continued that in 2021 Xmas, he fell fifty (50) trees leaving fifty (50), then two (2) months later, he hired laborers to fell the remaining fifty old (50) palm trees, however, the third time they went, complainant sent them food and returned home and not long after, he saw two of the laborers who told him that accused person had collected the head chisels they were using saying the palm trees he sold to complainant were fifty in number. Complainant averred further that he went to accused and told him that the palm trees he sold to complainant were hundred and not fifty so accused should come along to count the number complainant had felled so far but accused refused to come along. Complainant averred further that he asked for the head chisel accused had taken from the boys so complainant started looking for it under a hut, then accused came and stood in front of the hut and complainant didn’t know that accused had hidden his cutlass on top of the hut. Accused then pulled the cutlass from the top of the hut and cut complainant’s stomach with it. Complainant averred that he touched the wound and saw blood oozing out of it, but he saw nothing else and when he gained consciousness, he was at Koforidua government hospital. The evidence of PW2, Richard Lamptey a farmer resident at Nyamebekyere had it that he knows both complainant and accused at Nyamebekyere. PW2 continued that on the 22nd of March, 2022 he was on the farm felling fifty (50) palm trees with Kwaku Tawiah for palm wine tapping under the instructions of complainant. whilst at it, accused came over and asked them who authorized them and when they mentioned complainant, accused then collected the head chisels from them and then slapped Kwaku Tawiah in the face saying he was going to inform the Police so they went home and informed complainant about it who then followed them to the farm and asked accused to return the head chisels he had taken from his boys so they could do his work. After a little while, complainant asked them to return home, so when they to go back, they heard a shout from complainant that ”you have killed me” and when they turned round, they noted accused had slashed complainant in the stomach. Then they rushed complainant to Ayirebi Clinic where complainant was referred to Oda government hospital but he didn’t go to Oda, however, he gave a statement to Police. The evidence of PW3, Kwaku Harrison a commercial motor rider resident at Ayirebi had it that he knows complainant as someone he works for and also knows accused at Nyamebekyere. According to PW3, on the 22nd of March, 2022 he was at Nyamebekyere on a farm around 1:00pm with Richard Lamptey felling some palm trees for complainant when accused came and asked them who authorized them, then they mentioned complainant. PW3 claimed that accused started chasing them with a cutlass, then he later noted that he had left his shirt where they were working, so he went back for it which made accused slap him in the face. PW3 averred that they then went to inform complainant that accused had collected their head chisels saying they should stop uprooting the palm trees. PW3 averred further that they went back with complainant to the farm where complainant demanded the head chisels but accused refused to give them back, then accused removed a tapping knife from the shed and used it to inflict wounds on complainant. PW3 averred further that they run away initially because they were afraid and accused also pursued them, however, they had to come back for complainant because he had fallen down and that he could die should they leave him behind. PW3 continued that they took complainant to Ayirebi Clinic and then made a report to Police and that he gave a statement to Police. The evidence of PW4, number 48583 G/Cpl. Seshie Gamortse, a Police Officer stationed at Akim Ofoase Police Station. PW4 continued that in June, 2022 he inherited a docket from L/Cpl. Ekai Raphael whose number is 9839 where he took a witness statement from one Harrison Mensah and went to the crime scene and took pictures and photos of complainant. Prosecution tendered into evidence the following: 1. A video of the farm which was admitted into evidence without objection and marked as exhibit “A” 2. Pictures of complainant which were admitted into evidence without objection and marked as exhibit “B” series of 5. 3. The medical form from Koforidua Regional hospital which was admitted into evidence and marked as exhibit “C” 4. The witness statement of PW3 which was admitted into evidence without objection and marked as exhibit “D” and with this prosecution closed its case. The evidence of accused Richard Teye Akwetey, a farmer resident at Nyamebekyere had it that about two years ago, complainant came to him for two drums to store palm wine which he obliged. Complainant later bought seventy (70) old palm trees to tap for palm wine at GHc10 a piece, where complainant paid in two instalments and accused showed complainant the said palm trees. Accused continued that complainant sent one Donkor and Mensah to uproot the palm trees where they started uprooting. They uprooted about sixty (60) trees. Later, Donkor and Mensah went to accused for some cassava to prepare food which accused gave them, then they both uprooted another two palm trees and went to accused on his farm where accused encouraged them to have the remaining eight (8) uprooted. Complainant asked Donkor and Mensah not to uproot the remaining eight (8) but started tapping the sixty-two (62) already uprooted. Some few days later, accused had information that some people were uprooting his palm trees so he went to have a look and noted that four (4) boys were uprooting his palm trees and though they were working for complainant, they had left his remaining eight (8) and were uprooting from another portion. Accused averred further that he took two head chisels from them to go to complainant and confirm whether he asked them to do that. Accused claimed he was on his farm when complainant and five (5) others to wit: Oko, Kwadwo Tetteh, Ate, Kwadwo Otim came and complainant took accused’s cutlass and head chisel, then the boys pounced on accused with sticks. Complainant then asked accused whether he sacked complainant’s workers on the farm and accused replied in the affirmative, then complainant hit accused with the cutlass at the back and right foot and the others hit accused with their sticks so accused shouted for help where a woman called Abashie showed up, then the boys run away and with this accused closed his case. In our criminal jurisprudence, it is the duty of prosecution to prove the guilt of the accused person who has been charged with a criminal offence beyond reasonable doubt. This means that prosecution has a burden to lead sufficient evidence such that, when the court assess the totality of the evidence adduced in court, including the evidence of the accused person, if possible, the court will believe beyond reasonable doubt that, the offence had been committed and that it was committed by the accused person. An accused is generally not required by law to prove anything. He is only to raise reasonable doubt in the mind of the court as to the commission of the offence to secure acquittal. See; Commissioner of Police v. Antwi (1961) GLR 408. It is also settled law that, the story of the accused need not be truthful, but must only be reasonably probable to secure acquittal. See; Amartey v. The State (1964) GLR 256 SC, Darko v. The Republic (1968) GLR 203. Criminal jurisprudence often asks questions as to who did what, where, when, how or by what means and for what purpose. See; Kimberly & Ors v. The Republic (1991) 1 GLR 235 SC. In the instant case, prosecution is faced with the onerous duty of establishing that the accused person caused harm to complainant. In an effort to establish its case against accused person, prosecution called four (4) witnesses but the accused called no witness. The issues before this court for determination are: 1. Whether or not accused person did harm complainant. 2. Whether or not prosecution have succeeded in proving the guilt of the accused person. The court intends to handle both issues at the same time. The evidence of PW1, Daniel Atsu was to the effect that accused had hidden his cutlass on top of the shed so whilst he was searching for the head chisels accused had taken from his laborers, accused pulled out his cutlass and used it on complainant by slashing his stomach. This information is corroborated by the evidence of PW2 and PW3 who also added that they had run for dear life because they were afraid, however, having seen complainant fallen down and still on the ground when he turned round, they had to go back to his rescue otherwise complainant could loose his life. Accused person in an effort to punch a hole in the evidence of prosecution consistently argued that he sold seventy old palm trees and not one hundred palm trees to complainant, implying that complainant was trying to steal some of his palm trees so been this treacherous decided to teach him a lesson. I find as a fact that accused inflicted cutlass wounds on the complainant and I so hold accordingly. Section 69 of the Criminal Offences Act 29/60 has it that “A person who intentionally and unlawfully causes harm to any other person commits a second degree felony”. In conclusion, I hereby find the accused person guilty as charged. I convict him accordingly and hereby sentence him to serve a term of twelve (12) months WHL. H/W Ken. Okyere-Aboagye (District Magistrate). 6