REPUBLIC VRS RICHARD AND TWO OTHERS (B1/50/22) [2022] GHADC 416 (21 July 2022)

IN THE DISTRICT COURT HELD AT ANLOGA ON THURSDAY THE 21ST DAY OF JULY, 2022. BEFORE HER WORSHIP REJOICE ASEYE GADAGOE, DISTRICT MAGISTRATE. CASE NO.: B1/50/22. THE REPUBLIC VRS. 1. GBORDZOR RICHARD 2. KORDORWU WHOKNOWS 3. BLUDE BRIGHT DOTSE JUDGMENT Three persons, two Juvenile RICHARD GBORDZOR, age 17 years; and KORDORWU WHOKNOWS, age 15 years; together with one Young Person, BLUDE BRIGHT DOTSE, age 18 years; were arraigned before the Circuit Court, KETA; charged with the following offences: COUNT ONE: CONSPIRACY TO COMMIT CRIME TO WIT “DEFILEMENT OF A CHILD UNDER SIXTEEN YEARS” CONTRARY TO SECTIONS 23 AND 101 OF THE CRIMINAL OFFENCES ACT, 1960 (ACT 29). COUNT TWO: DEFILEMENT OF A CHILD UNDER SIXTEEN YEARS CONTRARY TO SECTION 101 OF THE CRIMINAL OFFENCES ACT, 1960 (ACT 29). The Juveniles were ‘SELF-REPRESENTING’. Their pleas were duly taken on 25th April, 2022. With the exception of the first accused, GBORDZOR RICHARD who pleaded Guilty simpliciter on “Count One”, their pleas were basically, ‘Guilty with Explanation’. Subsequently, Blude Bright was sentenced to a seven-year term (7) of imprisonment by the Circuit Court, Keta. Kordorwu Whoknows and Richard Gbordzor were also remitted to the District Court, ANLOGA; for sentencing. Unfortunately for the District Court, Prosecution kept absenting itself until 26th May, 2022; when the Panel of the Juvenile Court was properly constituted and the Juveniles appeared before us. The Court discovered then that, the Juveniles had not been granted bail at the Circuit Court and had been languishing in Adult Cells at Keta. Accordingly, each of the Accused was granted bail and committed to the care of their Mothers who were adopted by the Court; as FIT PERSONS for the two Juveniles. THE ORDER OF REMISSION ATTACHED BELOW: 3 The Honourable Court also ordered that the DEPARTMENT OF SOCIAL WELFARE assigns a Probation Officer to conduct its investigations in to the background of the two boys; and to furnish the Juvenile Court with a Social Enquiry Report (SER). THE CONCLUSIONS AND RECOMMENDATIONS MADE IN THE TWO REPORTS AND ATTACHED BELOW. The SER was filed on 21st July, 2022; and the case was adjourned to 28th July, 2022; for sentencing and Judgment of the Court. APPLICABLE LAWS:  SECTION 1 OF THE CHILDREN’S ACT, 1998 (ACT 560). “Definition of child: For purposes of this Act, a child is a person below the age of eighteen (18) years”.  SECTION 124 OF THE CHILDREN’S ACT, 1998 (ACT 560). ‘“Young person” means a person of or above eighteen years who is under twenty-one years of age”’.  THE APPLICABLE SECTIONS PROVIDED FOR IN THE JUVENILE JUSTICE ACT, 2003 (ACT 653). - “Section 1: Juvenile (1) for purposes of the Act, a juvenile is a person under eighteen years who is in conflict with the law”. - “3. Rights of the juvenile: (1) A juvenile has the right to privacy during arrest, the investigation of an offence, at the trial of the offence and at any other stage of the cause or matter. (2) A person shall not in the course of arrest, investigation or trial of an offence connected with a juvenile, or at any other stage of the cause or matter, release an information for publication that may lead to the identification of the juvenile. (3) A person who contravenes subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding two hundred and fifty penalty units or to a term of imprisonment not exceeding twelve months or to both the fine and the imprisonment”. Unfortunately, for both the Victims and the Culprits, the case was broadcast on the Local FM Stations and the Children names were mentioned on Air with a lot of disregard for the Laws of Ghana; and to their rights. Those irresponsible Adults who in spite of their ages, could be doing worse things in secret, were on air, judging little children for their “mistakes”.  Section 345 CRIMINAL AND OTHER OFFENCES (PROCEDURE) ACT, 1960 ACT 30. “345. Power to order parent to pay fine instead of juvenile: (1) Where a juvenile is charged before a Court with an offence for the commission of which a fine, damages or costs may be imposed, and the Court is of opinion that the case would be best met by the imposition of a fine, damages, or costs, whether with or without any other punishment, the Court may order that the fine, damages or costs awarded be paid by the parent or guardian of the juvenile, unless the Court is satisfied that the parent or guardian cannot be found or that the parent or a guardian has not condoned the commission of the offence by neglecting to exercise due care of the juvenile.” EXAMINATION OF THE PARTIES BEFORE SENTENCING: VICTIM: The victim PATIENCE SEVOR, spoke in the absence of the two Juveniles. She informed the Court that, based on a discussion between BLUDE BRIGHT DOTSE (A3) and Her, A3 instructed A1 to prepare his Bed; and again invited A1 through a phone call to take her to A1’s room. A1 took her to his room, put the Television on for her and left. Patience then waited for A3 and they had sex. Thereafter, A3 left her in A1’s room. While under cross-examination by the Panel, Patience said her Boyfriend, Elikem, was responsible for the aborted pregnancy. She also was very clear in her mind what was going to do with A3 in A1’s room. She added further that, anytime she tried to dress up, one of the arrived and engaged her in another sexual act against her wish. A1: A1 stated under oath that, A3 on his way home, informed him that Patience was calling him. A1 met Patience stark naked still lying on his bed. He shares this bed with his Cousin A2. According to A1, he asked Patience what she was still doing after A3 had left and she said she was watching a Nigerian Film. Patience thereafter insisted A1 also engages in the sexual act with her so he does not go and report her to her Mother. Upon her insistence, he gave in. Shortly after the act, he left the room and instructed her to also dress up and leave but he did not know why she remained in the room. A2: When it got to the turn of A2, this was what he also had to say to the Juvenile Court,. That he had returned from the march past on that fateful 6th March, 2022. On entering the room he shares with A1, he saw the victim Patience lying on their Bed naked. Patience did not allow him to walk away but insisted they had sex so A2 does not go to report her to her Mother. A2 said he did not know of what had transpired in his absence but Patience mentioned she was brought there by A3. In the end, they had sex. That happened to be his first time since he is only 15 years old. CONCLUSION: 17-year-old Richard Gbordzor’s date of birth is 25th December, 2005. He is therefore not Seventeen years yet, as Prosecution would like the Honourable Court to believe. It also explains why he was not sentenced to Prison by the Circuit Court, KETA. Richard should count himself lucky. Thanks to the recommendations of the Social Welfare Department, Keta; he shall be spared being confined to a CORRECTIONAL CENTRE. Richard should however take a cue from what has happened and stay off trouble and further brushes with the law. 15-year -old Kordorwu Whoknows has promised to resume attending Church Services and also abstain from Sex for now. Finally, 15-year-old PATIENCE SEVOR, should have also been charged with INDECENTLY ASSAULTING the 15-year-old KORDORWU WHOKNOWS. Police failed to do so. Now, the Social Welfare Department is recommending Compensation for her. The Court cannot make such an order for compensation to be paid to Patience; since it would amount to injustice especially against the 15-year-old Whoknows. In line with the recommendations of the Probation Officer Mr. SYLVESTER KOJO DEKU; and upon the Court’s own enquiries before sentencing; each of the boys shall receive the following sentences: SENTENCES: RICHARD GBORDZOR: 1. HAS BEEN SENTENCED TO A FINE OF HUNDRED (100) PENALTY UNITS. TO BE PAID BY HIS PARENTS FOR NEGLECT. 2. HE SHALL SERVE A PROBATION PERIOD OF ONE YEAR UNDER THE CARE AND PROTECTION OF HIS FATHER, WISDOM GBORDZOR. 3. ANY BREACH OF THE TERMS OF HIS PROBATION SHALL ATTRACT A SEVERE SENTENCE. KORDORWU WHOKNOWS: 1. HAS BEEN SENTENCED TO A FINE OF FIFTY (50) PENALTY UNITS. TO BE PAID BY HIS PARENTS FOR NEGLECT. 2. HE SHALL SERVE A PROBATION PERIOD OF ONE YEAR UNDER THE CARE AND PROTECTION OF HIS MATERNAL UNCLE, AVORYITOR DZOGBESHIE. 3. ANY BREACH OF THE TERMS OF HIS PROBATION SHALL ATTRACT A SEVERE SENTENCE. OTHER ORDERS:  JOURNALISTS ARE TO DESIST FROM THE PRACTICE OF REPORTING CASES INVOLVING JUVENILES AND PUBLISHING THEIR NAMES FORTHWITH. THEY MUST ALSO REFRAIN FROM PUBLISHING THE NAMES OF VICTIMS SO THEY DO NOT GET STIGMATIZED AND SCARRED IN THE COMMUNITY.  THESE CRIMINAL RECORDS OF THE INDIVIDUAL JUVENILES; SHALL BE WIPED OFF ON ATTAINMENT OF EIGHTEEN (18) YEARS. (SGD) HW REJOICE ASEYE GADAGOE DISTRICT MAGISTRATE ANLOGA. 21/07/2022. 10