KWASI GOGAH v. REPUBLIC
2015
COURT OF APPEAL
GHANA
CORAM
- ADJEI, JA – PRESIDING
- CECILIA H. SOWAH, JA
- HENRY KWOFIE, JA
Areas of Law
- Criminal Law
- Evidence Law
- Appellate Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal against the High Court Ho's judgment delivered on 28th July 2008 was dismissed in its entirety. The grounds of appeal raised issues about the credibility of a key witness, PW2, and procedural concerns about the introduction of new evidence. However, the appellate court upheld the original judgment, emphasizing the principles of evidence and appellate procedure.
JUDGEMENT
ADJEJI, J.A.
This appeal is against the judgment of the High Court Ho delivered on 28th July, 2008. A charge of murder contrary to Section 46 of the Criminal and other offences Act, 1960 (Act 29) was preferred against the appellant herein. He was convicted for murder by the Jurors and sentenced to suffer death by hanging by the Court. Appellant dissatisfied with the conviction by the Court appealed to this Court to reverse the conviction.
The Appellant filed the following grounds of appeal:
“(a) That the evidence of PW2 which made up the falsehood and which the Court below referred to in the summing up has occasioned a substantial miscarriage of justice.
(b) That the evidence of PW2 clearly shows that PW2 was not in the room and therefore could not have testified on any material fact touching and concerning any event that allegedly took place in the room therefore it has occasioned a substantial miscarriage of justice.
(c) That none of the witnesses ever testified that he or she saw the appellant hitting the victim with exhibit E”.
We shall address grounds (a) and (b) of the grounds of appeal together as both issues seem to attack the credibility of Rose Gogah who testified as PW2. Rose Gogah is the daughter of the appellant and his deceased wife Rebecca Afedoh. PW1 in her evidence testified that she was an eye witness to the assault on her mother by her father which resulted in the death of the former. The facts of the case were that the deceased sought refuge in her room to avoid the wrath of the appellant but the appellant went through the room through the window and assaulted her. The appellant entered the room where the deceased was and went with a piece of Odum stick with nails fixed on it. According to PW2, she heard the shouts of her mother after her father had entered the room where the mother had sought refuge.
The thrust of the appellants attack on the credibility of PW2 was that she deposed to an affidavit in support of an application for bail pending appeal in which PW2 deposed to that the evidence she gave against her father was false.
The Lawyer for the appellant in his written submission attacked the evidence proffered by PW2 against the appellant thus:
“An affidavit in support of the said application was sworn to by the same PW2 and same has been annexed to the written submission for the consideration of you Lordships.
My Lords, from the evidence-in-chief of PW2 and the affidavit sworn to by PW2 it is clear from the re