THE REPUBLIC VS TETTEH MAWUSI (ALIAS JOY MAWUSI)
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JOAN EYI KING
Areas of Law
- Criminal Law and Procedure
- Constitutional Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
In the High Court at Hohoe, Her Ladyship Justice Joan Eyi King considered an application for bail pending trial by an accused linked to the killing of Brempong Yaw Daniel at Nkonya Kpodzi. The applicant, a native of Alavanyo Wudidi and a trader who also serves as projects foreman for Amenyo Construction Limited in Hohoe, was arrested on 22 March 2024 and arraigned before the Jasikan District Court on 26 March 2024 on charges of murder under section 46 of Act 29 and use of offensive weapon under section 70 of Act 29. The application was served on the Attorney-General, but the respondent filed no opposition and failed to attend the hearing. Applying Article 19(2), Article 14(4) and Sections 96(4) 6(6) of Act 30, and relying on authorities including Martin Kpebu and Mireku, the Court held that all offences are bailable and, absent evidence of flight risk or interference with justice, granted bail with strict conditions and weekly reporting to D/CPL Richard Narh Gomez.
R U L I N G - BAIL PENDING TRIAL
This is an application for and on behalf of the applicant praying for an order for grant of bail pending trial.
I shall quote the relevant paragraphs as follows: 2. That I am the Chairman of the Alavanyo Citizens Union which is a group of all Alavanyo indigenes, families and people who are living in and outside Alavanyo and its environs, where issues of development and welfare of all members are discussed and implemented.
4. That I have the authority and consent of the accused applicant to depose to these facts which are within my personal knowledge, information and belief which have come to my attention in the course of my duties as the Chairman of the Alavanyo Citizens Union.
6. That the accused applicant is known to me and the accused applicant vehemently deny the charges or offences slopped on him thus, Murder contrary to section 46 of the Criminal and other offences Act, 1960 (Act 29) and Use of Off ensive Weapon contrary to Section 70 of Act 29. 7. That the accused applicant will contend that at the time of the purported murder of one Brempong Yaw Daniel at Nkonya Kpodzi, accused applicant was not around the said Nkoyna Kpodzi and its environs.
8. That the accused applicant is a responsible citizen of Ghana, a native of Alavanyo Wudidi and a Trader who also doubles as the Projects Foreman for Amenyo Construction Limited, a construction firm based in Hohoe.
9. That the accused applicant have not murdered any person or for that matter Brempong Yaw Daniel as it is being alleged and the prosecution has no evidence to show that the accused applicant and other persons now at large murdered the deceased.
10. That the accused applicant was not at large as being purported by prosecution but was going about his duties as a construction site Foreman and a Trader in the Volta Region before his arrest. Attached is the charge sheet of the REPUBIC VRS AFELI & 5 OTHERS indicating persons alleged to have been at large in relation to the instant murder case and marked as Exhibit TM1. 11. That the accused applicant was arrested at a public place, that is the total Filing Station at Kpando at about 1 p. m. in broad day light, while he was buying fuel at the said filing station and not at a hide out at Gbefi near Kpando as being alleged by prosecution.
12. That the accused applicant was arrested on the 22 nd day of March 2024 and arraigned before the Jasikan District Court in the Oti Region on the 26 th March 2024 charged wi