HAYFORD OFOSU AMANING v. THE REPUBLIC

DOTSE, JSC:-

PROLOGUE

William Blackstone, an eighteenth century English jurist, in a statement on the hallowed

principle of “Innocent until proven guilty:- rights of an accused person” upon which our

criminal justice administration has been founded in article 19 (2) (c) of the Constitution

1992 stated as follows:-

“Better that ten guilty persons escape than that one innocent suffer.”

The above constitutes the fulcrum of our criminal justice jurisprudence. We shall

demonstrate whether the prosecution lived up to the above principles of ensuring the

innocence of the accused until he is proven guilty.

FACTS

The complainant (hereafter referred to as PW1) in this case, one Yaw Yeboah, is a driver

of Kasoa and at all times material to this case which is 19th February 2010 was in charge

of Opel Astra Taxi Cab with registration Number GE 3635 V. On the said date, at about

2pm, the 3rd Accused, Nana Kwame, who was at large during the trial, engaged the

services of PW1 and requested that he drive him from Kasoa to Agona-Swedru. After

agreeing on the fare, PWI undertook the service and drove the 3rd accused to AgonaSwredru. At Swedru, the 3rd accused instructed PW1 to pick 1st Accused, (Kwame Annan)

from his house whilst the 2nd Accused (Hayford Ofori Amaning), hereafter Appellant was

picked from the lorry station. With the three accused persons now on board the Taxi

driven by PW1, he was directed to convey them to Agona-Nyakrom and back to Kasoa as

a result of which the fare was re-negotiated from GH¢60.00 to GH¢100.00. On the way

to Agona-Nyakrom, 3rd Accused pulled a pistol on PW1 and asked him to stop the Taxi.

PW1 then got out of the Taxi with the pistol still pointed at him by the 3rd accused. Whilst

the 1st accused held the hands of PW1 behind him, the Appellant and 3rd accused removed

the belt of PW1 and tried to strangle him with the belt. When that failed, the

Appellant then stabbed PW1 in the chest and as a result PW1 fell to the ground

and he observed that one of the accused whom he could not identify tried to

slit his throat when he lay on the ground unconscious. At this stage, with the

hands of PW1 tied behind him, 3rd accused shot at him and they left thinking he was dead

and drove the taxi away. Fortunately PW1 was not dead, and he shouted for help. After

first aid was administered to him, he was rushed to Swedru Government Hospital,

admitted and treated for his injuries sustained as a result of the violent attack on him