THE REPUBLIC VS PAUL EDWARD LIST
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE MARY M.E YANZUH
Areas of Law
- Criminal Law and Procedure
- Constitutional Law
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves an appeal against a trial court's decision to have the accused open his defense after the prosecution closed its case on a charge of threat of death. The High Court allowed the appeal, finding that the prosecution failed to establish a prima facie case for the offense of threat of death. The court ruled that the evidence presented was susceptible to two interpretations - one of threat of death and another of threat of harm - which falls short of the specific requirements for the charge of threat of death. The court emphasized the importance of proving all essential elements of the offense and the standard of prima facie evidence required at the close of the prosecution's case. The decision underscores the principles of burden of proof in criminal trials and the criteria for establishing a prima facie case in Ghanaian criminal law.
The accused person/appellant herein was arraigned before the Circuit Court Accra on a single count of threat of death contrary to Section 75 of the Criminal Offences Act 1960, Act 29. At the close of the case of the prosecution on the 7th of December 2022, the trial circuit Judge ruled that the prosecution had proved a prima facie case against the accused person and therefore called upon him to open his defence.
On the 28th of March 2023 the counsel for the accused person informed the court that they had filed a submission of no case to answer to which the trial judge indicated that that submission was too late in the day as the court was functus officio after its ruling on the 7th of December 2022 that a prima facie case had been established against the accused person.
The accused person therefore filed a petition of appeal pursuant to leave granted on the 20th of June 2023. FACTS OF THE CASE The case of the prosecution at the trial was that the complainant Isaac Owusu Dwomoh is the Office Assistant to Madam Angela List, who is the ex-wife of the accused, Paul Edward List. The prosecution states that on the 12th of January 2022 at about 6: 45pm, Madam Angela List asked the complainant to change the lock to her apartment No. UGAIA at Vanguard Heights, Cantonments.
The case of the prosecution continued that after the complainant and the carpenter had changed the lock and were about to leave the place, the accused person drove into the apartment, pulled out a pistol and threatened to shoot him.
The prosecution states further that on the 12th of January 2022, the complainant reported the case to Police and on the 26th of January 2022, the accused person was arrested for investigation.
They added that during investigations, the accused person admitted having pulled a toy gun at the complainant and that on the 28th of January 2022, the Police retrieved a 9mm Calibre Pistol No. U539337P226 and one toy gun from the accused person.
They added that investigations disclosed that the Caliber Pistol was registered in the name of the accused person.
They said that on 21st February 2022, Closed Circuit Television (CCTV) footages of the scene were retrieved from the Management of Vanguard Height, Cantonments and after analyzing the videos, it was disclosed that, the accused person came to the apartment with his car, located the complainant among others and pointed the pistol at him.
On the 14th of April 2022, the accused person was arrested by the Ghana Immigrati