REPUBLIC VRS. ZEWU (B3/10/2023) [2024] GHADC 656 (18 December 2024)

IN THE DISTRICT COURT HELD AT ANLOGA IN THE VOLTA REGION ON WEDNESSDAY THE 18TH DAY OF DECEMBER, 2024. BEFORE HER WORSHIP REJOICE ASEYE GADAGOE, DISTRICT MAGISTRATE CASE NO.: B3/10/2023. THE REPUBLIC VRS MISHIDA ABRAHAM ZEWU JUDGMENT: STATEMENT OF OFFENCE: The Accused was arraigned before this Honourable Court on 14/06/2023; and was charged with the offence stated below: Threat of harm; contrary to SECTION 74 OF THE CRIMINAL OFFENCES ACT, 1960 (ACT 29). PLEA OF ACCUSED: Accused, MR. MISHIDA ABRAHAM ZEWU, pleaded NOT GUILTY to the Count, which necessitated a trial. Trial eventually commenced on 14/02/2024. CASE OF THE PROSECUTION: Complainant Torgbui W K Tornyeava is a herbalist and a resident of Agorgledokui. Accused Mishida Abraham Zewu is also a herbalist and a native of Agorbledokui but resides in Eastern Region. On the 8th of February, 2023 around 3:42pm the Complainant was in Accra when the Accused called him on his cell phone number 024 258 6073; and started threatening him with words in Ewe to wit “Dzakpata kpornyui de nunye nemenye nenema o la nyekpli woe tso du deka me, mie godoge le Agorbledokui duame, ewor dokuiwo kplamase, menye mi de nuwome, esi ne fe aside gbi me na amewo fe viwo de, dea wokle kpo nawoa? Mebua tame o, Kwasia nenye”, which literary means “Dzakpata be careful with me, if not, you and I come from the same town and we shall meet at Agorbledokui, you and I come from the same town and we shall meet at 1 Agorbledokui, you made yourself lawless person, I defecate into your mouth, as you have been inserting your finger into the vagina of people’s children did they close your shrine? You do not reason, foolish person”; without any justifiable cause. Complainant upon hearing these words made a report at the Anloga Police Station. The Accused was subsequently arrested for investigation. Investigation cautioned statement was obtained from him and after investigations, he was charged with the offence stated on the charged sheet and arraigned before this court. DEFENCE OF ACCUSED: Accused filed a straight –to –the-point 4-paragraphed witness statement in which he stated the following; 1. “My name is MISHIDA ABRAHAM ZEWU. I am a farmer and a herbalist. I am a native of Agorgbledokui but I reside at Akyim Akropong in the Eastern Region of Ghana. 2. I know the Complainant. We all come from Agorgbledukui. We are all adherents of the Korku Cult. 3. Sometime ago, I was informed that the complainant caused announcements to be made on the public Information system at Agorgbledokui, informing the community that no one should deal with me in my work and was denigrating me. I called him on phone and told him that I will be meeting him in Agogbledokui to resolve the issue concerning his announcements. 4. It is never correct that I threatened to harm him or to kill him”. EVALUATION OF THE FACTS: Initially, the Parties were amenable to an out of Court settlement. After much deliberation, and pursuant to SECTION 73 OF ACT 459; the case was remitted on 4/10/2023 to Court-Connected Alternative Dispute Resolution (CCADR) at Keta, for settlement. 2 On 21/11/2023, the case was returned to this Honourable Court because mediation had failed. Trial commenced on 14/02/204, and concluded on 14/11/2024. In COMMISSIONER OF POLICE V OSEI YAW AKOTO [1964] GLR 231 – 233; the Honourable Court, speaking through AKAINYAH J.; stated as follows: “A person charged before a court has a duty to make it appear to the court that no charge has sufficiently been made against him to require an answer from him. This is a time-honoured practice, and he can do this himself or through his legal representative”. Clearly, the Prosecution was able to establish a prima facie case against the Accused and so he was called upon to open his defence. SECTION 74 OF THE CRIMINAL OFFENCES ACT, 1960 (ACT 29); provides the following: “74. Threat of harm A person who threatens any other person with unlawful harm, with intent to put that person in fear of unlawful harm commits a misdemeanour”. It is worth noting that, the Accused made certain pronouncements in his cautioned statements to the Police on 22/02/2023; which have become relevant to this case. Those statements have been reproduced verbatim below: “He has always been a pain in my neck by reporting me, sabotaging my plans and betraying me. He keeps spoiling my name and making sure I do not enjoy or have peace in doing my work as a herbalist or traditionalist. He alone stole our town gods. In a nutshell, we have not been on talking terms for the past 12 years. On 5/02/2023, I heard an announcement in the Agorgbledokui town that I have been banned from practicing my herbal work until I submit to authority in making peace with the remaining herbalists in the fraternity. I quickly knew that the complainant Torgbui Tornyeavah was behind the announcement. I could not bear the pain anymore as a result of his backstabbing attitude over the years hence I called him on phone and told him whether he knew we are from the same town and should stop maltreating me. 3 I also insulted him that I shit into his mouth and that we shall surely meet at Agorgbledokui….” Whilst Accused was under cross-examination from the prosecutor, he again explained that he only cautioned the Complainant but never threatened him. He tried hard to make the Honourable Court see the difference between “a threat’ and “a caution”. What the Accused ought to learn is that, when it comes to any form of threat, the most important element is whether or not the alleged threatening words were uttered buy the Accused. If the answer is in the affirmative, whatever meaning the recipient of those words put to them, and how the words impacted the recipient, would no longer be determined by the person who spoke or published those words. That may seem unfair because most people make threats when angry or upset. The law however requires that certain elements be present in a threat before a person is charged with criminal threat. These elements are the following: 1. You willingly threatened another person. 2. The threat was made verbally, in writing or through electronic communication; 3. You meant for your statement to be understood as a threat, regardless of if you were able to or intended to carry out the threat; 4. You had the present ability to carry out the threat; and, 5. A reasonable person would have feared for his or her own safety or the safety of his or her immediate family if you made the threat to him or her. The accused almost convinced the Honourable court that he only cautioned the Complainant and that his caution had been taken out of context to mean a threat. Unfortunately, that argument is not on all fours with the explanation he gave to Police which is contained in his cautioned statement. Accused appeared livid and frustrated by the alleged acts of the complainant against him and was ready for a “showdown” to settle any existing scores once and for all. 4 This court found therefore, that like any reasonable man would do, the complainant is justified in his fear of imminent harm. CONVICTION: ACCUSED WAS FOUND GUILTY AS CHARGED. SENTENCES: THE CONVICT HAS BEEN SENTENCED TO A FINE OF 200 PENALTY UNITS.  In default of the Fines, the Convict shall serve a 6-month term of imprisonment. Compensation: The Convict, MISHIDA ABRAHAM ZEWU, shall compensate the Complainant, TORGBUI TORNYEAVA, with TWO THOUSAND GHANA CEDIS ONLY (GH.C2,000.00).  THE COMPENSATION SHALL BE PAID BEFORE THE FINES. SGD. HW REJOICE ASEYE GADAGOE DISTRICT MAGISTRATE 18/12/2024.  Representation:  DETECTIVE CHIEF INSPECTOR RANSFORD KWATEI PROSECUTED FOR THE REPUBLIC.  LAWYER ANTHONY DESEWU REPRESENTED THE ACCUSED. 5