THE REPUBLIC v. MIHESO TUGLI & 2 ORS

BACKGROUND

The accused persons were arraigned before this Court on 10th March, 2022 on charges of

Conspiracy to commit crime to wit assault and assault contrary to Sections 23(1) and 84

of the Criminal Offences Act, 1960 (Act 29).

BRIEF FACTS

The facts as attached by the Prosecution stated that the complainant Midawo Tugli is a

motor rider of 32 years old whilst the accused persons Miheso Tugli, age 50 is a farmer,

Benedicta Tugli, age 28, a farmer and Torgbui Tugli, age 32 is also a commercial motor

rider. Complainant and all the accused persons are natives of Asiagborvi Tuglikorfe.

The Prosecution stated that on the 22nd day of January, 2022, at about 4:30pm the

complainant whiles returning from town met the accused persons and they immediately

started hurling insults at him.

The Prosecution stated that the accused persons followed the complainant, assaulted him

and in the process tore his shirt in the presence of his wife.

The prosecution stated that the complainant reported the incident to the police and was

issued with a medical form to attend hospital for treatment which was returned duly

endorsed by a medical officer.

The prosecution stated that the accused persons were subsequently arrested and after

investigations were arraigned before the court for prosecution.

PLEA OF ACCUSED PERSONS AND SERVICE OF DISCLOSURES

The accused persons pleaded not guilty to the offences when the charges and particulars

of the offences were read and interpreted to them and were admitted to bail.

Witness statements of witnesses of prosecution together with charge statements and

investigation caution statements of the accused persons were filed by the prosecution

together with a medical report of complainant and served on the accused persons for

trial.

Upon the request of counsel for the accused persons, the accused persons were served

with an extract of the complaint made by the complainant from the station diary of the

police based on the court’s order.

THE CASE OF PROSECUTION

The prosecution called the complainant as his first witness, and in addition called Rejoice

Flome and the police investigator D/Inspector Bright Quarshie as supporting witnesses.

In his evidence to the Court, the complainant stated that, the accused persons are his

uncle and siblings respectively but he is currently not in talking terms with them.

PW1 stated that on the 22nd of January, 2022 at about 4:30 pm whiles on his way to a

funeral at Ashiagborvi, he met