THE REPUBLIC v. FIADUKO ADUKPO THOMPSON

BACKGROUND

The accused person was arraigned before this Court on 25th January, 2021 on a charge of

causing harm contrary to Section 69 of the Criminal Offences Act, 1960 (Act 29).

BRIEF FACTS

The facts as attached by the Prosecution stated that the complainant Believer Agbitor is a

farmer and a resident of Dalikorpe while the accused person is also a farmer and a

resident of Dzodze-Kpelikorpe.

The prosecution stated that, there is a land dispute between the parties, which suit is

pending before this court.

The Prosecution stated that on the 5

th of August, 2020 at about 8:30am the complainant

went to the said land to harvest his corn when to his dismay the accused confronted him

and hit his right thigh with a stick.

The Prosecution stated that the complaint had a structure on his leg and the accused took

his cutlass and went away with it, leaving the complainant screaming for his ten (10)

years old son who heard him to trace him to the farm and saw him on the floor.

The prosecution stated that, with the assistance of others the complainant was carried

together with the piece of stick as evidence to the police station to make a report.

The prosecution stated that, the complainant was issued with a medical form to attend

hospital and that on the 6th August, 2020 he was visited at the emergency ward of the St.

Anthony Hospital where he was receiving treatment with his right leg bandaged.

The prosecution stated that on 14th December, 2020, the complainant submitted his

medical report to police duly endorsed and the finding for his condition was given as

fracture of distal 3rd of the right femur.

The prosecution stated that, the accused who later reported himself to the police, denied

the offence in his cautioned statement and stated that, the complainant rather came to

harvest his corn and when he confronted him, he became offended and wanted to attack

him with a cutlass but he blocked it with a stick he picked from the ground.

PLEA OF ACCUSED

The accused person pleaded not guilty to the offence when the charge and particulars of

the offences were read and interpreted to him and was admitted to bail.

Witness statements of witnesses of prosecution together with the charge statement and

investigation caution statement of the accused person were filed by the prosecution

together with a medical report and a photograph evidencing the injured state of the

complainant and served on the accused for trial.

THE CASE OF PROSECUTION

The