THE REPUBLIC VS PAUL EDWARD LIST

This appellate judgment by Her Ladyship Justice Mary M.E. Yanzuh concerns Paul Edward List’s appeal from a Circuit Court ruling that, at the close of the prosecution’s case, a prima facie case of threat of death had been made out, requiring him to open his defence. The prosecution alleged that, at Vanguard Heights, Cantonments, Accra, Paul pointed a pistol at Angela List’s office assistant, Isaac Owusu Dwomoh, saying he would shoot him; CCTV footage showed Paul raising a pistol in a shooting stance. Police retrieved a 9mm pistol and a toy gun; Paul stated he used a toy pistol to ward off intruders. The High Court clarified that the burden of proof beyond a reasonable doubt applies at the end of trial, and that at the close of the prosecution’s case only the prima facie standard under Sections 173 and 174 applies. Applying Section 75 and the definition of “threat” in Section 17 of Act 29, and drawing on cases like Michael Asamoah & Anor v Republic and Tsatsu Tsikata v Republic, the court concluded the evidence was evenly balanced and did not prove a threat of death: the words “I will shoot you” could lead to harm or death, and the complainant’s conduct did not objectively show fear of death. The appeal was allowed and the order compelling Paul to open his defence was set aside.