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JUDGMENT
J U D G M E N T.
Accused persons arraigned before this court with A1 charged with threat of death
contrary to section 75 of Criminal offences Act, Act 29 of 1960. A2 was charged
with assault contrary to section 84 of Act 29/60.
Then A1 and A2 charged with offensive conduct conducive to the breach of public
peace contrary to section 207 of Act 29/60. Accused persons pleaded not guilty to
the charges brought against them.
The summary of the facts as presented by the prosecution are that the
complainant Selina Agudogo an 84-year-old of Kpando Aziave was on her way
to the thanksgiving service of her late daughter Mamaga Diawusie III Queen
mother of Azave at about 7:30 am on the 19/12/2021. She met A1 and without any provocation rained insults on her to wit “Awla yawa a town destroyer, Fodome
Woman go to your hometown, and if you refuse go to your hometown, I will
make sure I kill you, foolish Woman, stupid thief, you are responsible for all the
misfortunes and deaths in Aziave town, an ex-convict” among others.
Complainant felt very sad and begun shedding tears. A2 who was in the house at
the time overheard the noise and rushed to the scene. As she realized that it was
the complainant A1 was insulting, she joined him in the insult to wit “ex-convict,
a witch, I will invoke my dead mother’s ghost on you, what is this thing that A1
will not kill and throw away”. A2 in the process attempted pointing complainant
face with her finger and out of fear complainant fell down. Complainant was
assisted by some neighbours who came to the scene, carried her from the ground
and sent her home. So complainant was not able to attend her late daughter’s
thanksgiving service. Report was later made to the police and accused persons
were arrested and charged to court.
As accused persons pleaded not guilty, the onus now falls on the prosecution to
adduce credible evidence at the trial to proof the elements of this offence charge
beyond reasonable doubt to secure the conviction of the accused person per
section 11.(3) and 13 (1) of the Evidence Act 1975 (NKCD 323).
The prosecution called two (2) witnesses in this case and tendered five (5)
document in evidence.
The complainant Selina Agudogo gave evidence under oath as PW1 in her
evidence-in-chief that she was on her way to the thanksgiving service of her
daughter, Mamaga Diawusie III, Queen mother about 8:00 am on the 19/12/21.
She then met A1 at the back gate of his house and without any provocatio