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JUDGMENT
BACKGROUND
The accused persons were arraigned before this Court on 5th March, 2021 on charges of
Conspiracy to commit crime to wit causing unlawful damage and Causing Damage
contrary to Sections 23(1) and 172 of the Criminal Offences Act, 1960 (Act 29).
BRIEF FACTS
The facts as read by Prosecution stated that, the complainant Stephen Kwame Soshie is a
48-year-old teacher and a resident of Weta-Ashiyor. The accused persons, Kelvin
Ashiagbor 30 years is a teacher, Kofi Ashiagbor 47 years is a lotto writer and Agbeshie
Awudi 35 years is also a farmer.
The Prosecution stated that there is a pending chieftaincy dispute between the family of
the complainants and the accused persons which matter was the subject of a suit before
the Sogakope High Court.
The Prosecution stated that in order to ensure that the peace in the community is
sustained, the District Commander of the Dzodze District police command invited both
families for a meeting on 15th January, 2021.
The prosecution stated that whiles the family of the complainant were preparing to attend
the meeting, the accused persons went to the compound in between the Goba shrine and
Ewle shrine at Weta-Ashiyor and demolished three traditional earth tripod stoves valued
at GH₵ 1, 840.00 belonging to the complainant.
The prosecution stated that the accused persons were seen by the complainant’s
daughter, Margaret Soshie and her Auntie Mercy Alipui who were sweeping the
compound at the time.
The prosecution stated that a report was made to the police and the accused persons were
subsequently arrested but they denied the offences in their respective cautioned
statements. After investigations, they were charged and arraigned before the court for
prosecution.
PLEA OF ACCUSED PERSONS
The accused persons pleaded not guilty to the charges and were admitted to bail.
Witness statements of witnesses for prosecution together with charge statements and
investigation cautioned statements of the accused persons were filed by the prosecution
and served on the accused persons for trial.
THE CASE OF PROSECUTION
The prosecution relied on the evidence of the complainant as his first witness and called
as additional witnesses Margaret Soshie as PW2 and the police investigator D/Corporal
Theodore Effah Abayie as PW3.
In his evidence to the Court, the complainant, first prosecution witness stated that, after
the death of Torgbui Soshi there arose a need for the Soshi family to install a successive
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