LORD PHIDELIS SAKAH vs THE REPUBLIC

This is an appeal against the judgment of the Circuit Court, sitting at Ashiaman and dated the 18th November, 2011. The trial court in the said judgment convicted the appellant on the charge of defilement contrary to Section 101(1) of Act 29/60 as amended.

The female was aged 12 years at the time of the act.

After the full trial, the court as indicated above convicted the appellant and sentenced him to a prison term of 25 years.

In dishing out the said sentence which is the maximum in that category the learned trial judge observed that it had taken notice of the fact that the appellant had earlier on been arraigned before the same court for similar offence but had been discharged for want of prosecution.

The Court also took into consideration the fact that the appellant was a teacher and ought to have led exemplary life and so the court opted for a sentence that will serve as a deterrent to others.

The appellant after serving a number of years of the sentence, sought leave and same granted him and he filed the instant appeal with the assistance of the prison authorities.

The appeal is against both conviction and sentence.

Indeed, the Notice of Appeal filed on the 28th April, 2016 is essentially the arguments of the appellant wherein he argued that his case was a set up and that the evidence adduced at the trial was a rehearsed presentation orchestrated by both the victim’s mother and the investigator.

The appellant denied ever having sexual intercourse with the victim and prayed that there was not sufficient incriminatory evidence on record to warrant his conviction and sentence.

The appellant also argued in the alternative that the sentence is harsh and has since reformed in the prison.

He was thus praying the Court to (a) reverse the conviction or in the alternative set aside the harsh sentence in mitigation and in the unlikely event of the court affirming the conviction, he be given the minimum sentence.

I have read through the records of proceedings as provided and offered the opportunity to the Attorney General to make a response to the appeal but till date nothing has been filed.

Indeed, I must say that trials in our courts are done by hearing evidence and a determination made upon the evidence so adduced.

On the whole, I find the evidence adduced by the prosecution at the trial Circuit Court quite convincing to warrant the decision arrived at.

In effect, the court is of the opinion that the prosecution was able to prove beyond reasonab