FELIX OKINE ARYEETEY v. THE REPUBLIC
May 5, 2022
COURT OF APPEAL
GHANA
CORAM
- MARGARET WELBOURNE JA PRESIDING
- P. BRIGHT MENSAH JA
- ERIC KYEI BAFFOUR JA
Areas of Law
- Criminal Law and Procedure
- Evidence Law
May 5, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal arises from a 2013 High Court jury conviction of Felix Okine Aryeetey alias Adjetey for murder and conspiracy to murder stemming from violent events in Berekuso on 7 August 2003 amidst a chieftaincy dispute. The prosecution’s case relied primarily on testimony from the deceased’s twin, Isaac Adu Atta Bosomtwe, who said that Daniel Nana Affum alias K.K ordered Aryeetey to “finish” them and that Aryeetey stabbed Samuel Atta Bosomtwe in the chest. On review, the Court of Appeal found PW1’s prior police statements materially inconsistent regarding who stabbed, how many stabs occurred, and whether the right or left chest was struck, with no satisfactory explanation. The prosecution failed to call the pathologist or tender the knife, and a related appellate decision had already found the same evidentiary record too loose to sustain convictions. Applying the reasonable doubt standard and prior-contradiction principles, the Court allowed the appeal, set aside the convictions, and acquitted and discharged Aryeetey.
JUDGMENT
BRIGHT MENSAH JA:
The accused/appellant herein, Felix Okine Aryeetey was on the 02/07/2013, arraigned before the Criminal Assizes at the High Court, Accra charged with the offence of Murder contrary to S. 46 of the Criminal Offences Act, 1960 (Act 29) in Count 1 appearing on the Bill of Indictment (Charge Sheet). In the particulars of the offence supporting the charge, it was alleged that the appellant had on or about the 07/08/2003 and at Berekuso in the Akuapem South District of the Eastern Region, intentionally caused the death of a Samuel Bosomtwe otherwise known as Kakra, by unlawful harm. See: p.1 of the record of appeal [roa].
The appellant in addition with Daniel Nana Affum, Nicholas Tawia Asante and Joseph Kwadjo Fianko, were jointly charged with Conspiracy to commit Murder contrary to Ss 23(1) and 46 of the Criminal Offences Act, 1960 (Act 29) in Count 2. See: p. 1 [roa].
On the same Bill of Indictment, Daniel Affum alias K.K was singularly charged with Abetment of Murder contrary to Ss 20(1) and 46 of the Criminal Offences Act, 1960 (Act 29), the particulars of offence being that Daniel Affum on that said 07/08/2003 allegedly instigated the appellant, Felix Okine Aryeetey to intentionally cause the death of Samuel Atta Bosomtwe by unlawful harm. See: pp 1-2 [roa].
In that same case, Daniel Affum was charged with three (3) counts of Use of Offensive Weapon contrary to S. 70 of Act 29. It was alleged that on or about 07/08/2003 and at Berekuso, Daniel Affum intentionally and unlawfully caused harm to Richard Boateng by shooting him with a gun; shot Sampson Asare with a gun and also shot Akosua Eku with a gun. See: p. 2 [roa].
In count 7 on the same B.I, Joseph Kwadjo Fianko was charged with the Use of Offensive Weapon contrary to S. 70 of Act 29. He was alleged to have intentionally and unlawfully caused harm to Akosua Eku by shooting her with a gun on 07/08/2003 at the same place, Berekuso in the Akuapem South District of the Eastern Region. See: pp 2-3 [roa].
At the end of the trial, the jury returned a verdict of guilty for murder against the appellant, Felix Okine Aryeetey in respect of Count 1 on the B.I. and was also found guilty on the charge of Conspiracy to Murder in respect of Count 2. In consequence, the appellant was convicted and sentenced to death by hanging for Murder in Count 1 and sentenced to 25 years IHL for Conspiracy to Murder in respect of Count 2. The other accused persons jointly charged with the a