ISRAEL ANANE GADRI @ KWAME ATTAH & ANOR v. THE REPUBLIC
2016
COURT OF APPEAL
GHANA
CORAM
- S. E. Kanyoke, J.A. (Presiding)
- K. A. Acquaye, J.A.
- M. Welbourne (Mrs.) J.A.
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Writing for a unanimous panel of the Ghana Court of Appeal, K. A. Acquaye, J.A. allowed the appeal of two men convicted by the High Court in Accra of conspiracy and robbery in relation to taxi GS 6522-10 driven by Mustapha Seidu. The prosecution called only two investigative police witnesses and, despite indicating it would produce Seidu, failed to present the complainant for testimony and cross-examination. Instead, the trial judge relied heavily on Seidu’s unsworn complaint statement (exhibit H). The Court held that an unsworn witness statement is not admissible evidence under the Evidence Act, and the Section 118 hearsay exception did not apply as unavailability was not established and the right to cross-examination was denied. Without admissible eyewitness evidence, identity and other essential ingredients of robbery were not proven beyond reasonable doubt. The Court set aside the convictions and sentences and ordered the appellants’ immediate release; Presiding Justice S. E. Kanyoke and M. Welbourne, J.A. agreed.
ACQUAYE, J. A.
The appellants were tried together on two counts of conspiracy to commit crime contrary to Section 23 (1) and 149 and robbery contrary to Section 149 of the Criminal Offences Act 29/60 by a High Court in Accra.
The facts of the case as presented by the prosecution were that the appellants hired the services of the complainant Mustapha Seidu who was driving a taxi cab No. GS 6522-10 on 6th February 2011 at about 2. 00pm.
At the outskirts of Ashalajo, a suburb of Accra, the 1st appellant drew out a pistol from his pocket and ordered the complainant to surrender his ignition key which he did.
The appellants then directed the complainant out of the car and drove it away.
The complainant reported the case to the Amasaman Police.
A week later, on 13th February 2011, the Amasaman Police had information that two robbers had been shot while attempting to steal another taxi cab at Kasoa and had been admitted at the Police Hospital and Korle-Bu Hospital where they were receiving treatment.
The investigator at the Amasaman Police therefore visited the two hospitals with the complainant who was said to have identified the appellants as those who pointed a pistol at him and stole his car.
At the trial the police failed to produce the complainant to testify but instead tendered his unsworn statement being his complaint statement.
The appellants denied in their investigation caution statements and evidence in court that they were involved in the incidents of 6th February 2011 claiming that they were each at a different place at the time.
On 28th March 2014 they were convicted on both counts and sentenced to 20 years imprisonment on each count to run concurrently.
Dissatisfied with the judgment the two filed an appeal against the conviction and sentence setting down the following grounds of appeal: -
1. The judgment of the trial High Court is unreasonable and not supported by the evidence on record.
2. The trial High Court judge erred when he relied on the unsworn statement of the complainant to convict the appellants when the complainant failed to avail himself at the trial.
3. The trial judge erred when he failed to consider the appellants alibi
4. The sentences are harsh and successive 5. Further grounds may be filed upon receipt of the record of appeal.
Counsel for the appellant failed to file additional grounds of appeal upon receipt of the record of appeal so the 5th ground of appeal is hereby struck out as abandoned.
Counsel for t