REPUBLIC VRS. KORBLA (Criminal Case) [2024] GHADC 657 (4 December 2024)

IN THE DISTRICT COURT HELD AT ANLOGA IN THE VOLTA REGION ON WEDNESDAY THE 4TH DAY OF DECEMBER, 2024. BEFORE HER WORSHIP REJOICE ASEYE GADAGOE, DISTRICT MAGISTRATE CASE NO.: CC/26/2024. THE REPUBLIC VRS ROBERT DIABA KORBLA JUDGMENT: STATEMENT OF OFFENCE: The Accused was arraigned before this Honourable Court on 28/02/2024; and was charged with the offences stated below: Offensive conduct conducive to breaches of peace contrary to SECTION 207 OF THE CRIMINAL OFFENCES ACT, 1960 (ACT 29). PLEA OF ACCUSED: Accused, MR. ROBERT DIABA KORBLA, pleaded NOT GUILTY to the Counts, which necessitated a trial. Trial eventually commenced on 20/06/2024. CASE OF THE PROSECUTION: Complainant, MADAM ABDULAI FATIMATU, age 47, is a Trader/Cleaner residing at Agortoe near Anloga. Accused MR. ROBERT DIABA KORBLA, age 60, is a fisherman also residing at Agortoe. On the 15th day of January, 2024, around 4:00pm, the Complainant was at her duty post, performing her usual duties of sweeping and gathering rubbish at the Water Works Reservoir situated at Agortoe, Accused who was passing by saw the rubbish complainant had gathered and pushed it into the gutter with his leg. Complainant who saw this retorted and questioned why Accused did that. Complainant further told Accused that she wanted to come and collect the rubbish. 1 Accused immediately insulted Complainant that “tagbor mele asiwo oh, ele wewem”, which literally means “you don’t have sense, you are smelling”. He then spat saliva right beside Complainant and left. The “PARTICULARS OF THE OFFENCE”, captured it succinctly when it stated that the words uttered by the Accused were done with intent “with intent to provoke a breach of the peace or by which a breach of the peace is likely to be occasioned”. CASE OF THE ACCUSED: The Accused gave a statement to Police on 19/01/2024; and stated among others that; “.... I got to a section of the road where rubbish was gathered on the way. I pushed the rubbish to one side so I can pass. All of a sudden, I heard the complainant insulting from inside the Waterworks that I am a grown madman. She also asked me that is the rubbish on my land or in my farm/house before I pushed it? I also replied that as sensible as she thinks she is, is she supposed to pour rubbish on the road? “We both exchanged words and I left”. In his witness statement filed on 8/10/2024, Accused repeated almost everything he stated in his investigation Cautioned statement except for that phrase, “We both exchanged words and I left”. Accused added that the incident happened in the presence of a witness. That witness was MADAM AGNES DUNYO. In her witness statement filed on 22/10/2024; Madam Agnes Dunyo stated that she was on her way to KPORDUI MORNU to fetch water. On reaching the Water Works Company at AGORTOE, she saw the Accused push aside rubbish which was on the road with a stick. Then she heard the complainant, MADAM FATIMA ABDULAI asked Accused from within the Water Works Yard if the rubbish was on his farm or house. She told the Honourable Court, Complainant called the Accused an “Old fool”. 2 The witness added that, the Accused Mr. Diaba, walked towards his house and she also left. Incidentally, Madam Agnes Dunyo did not hear the Accused say anything to the Complainant. Whilst she was under cross examination from the Prosecutor, the witness fumbled so many times. She feigned memory loss at a point. A photograph of the crime scene was shown to her but she could not even point at the exact spot the incident took place. Photo of the Crime Scene: 3 EVALUATION OF EVIDENCE: SECTION 207 OF THE CRIMINAL OFFENCES ACT, 1960 (ACT 29); provides the following: “207. Offensive conduct conducive to breaches of the peace A person who in a public place or at a public meeting uses threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or by which a breach of the peace is likely to be occasioned, commits a misdemeanour”. From what was captured in one of the photographs attached to the witness statement of Accused, it is quite obvious that the Complainant was throwing what looked more to the Court like grass haphazardly outside of the yard. That should not be encouraged. However, from the evidence adduced, it becomes clear to the Court that she gathered whatever constituted the rubbish at a spot before the Accused used a stick, his leg or whatever, to scatter them. Any person in the Complainant’s shoes would have been offended by the conduct of the Accused. Especially when the place is so open and lots of people may have passed before the Accused got there. Accused had the option to take another route, or politely draw the attention of Complainant to the nuisance she was creating. Unfortunately, Accused resorted to self- help which the law frowns upon; and extremely provoked the Complainant into reacting which ultimately resulted in the disorderly conduct. The insulting words complained of which have been reproduced below as: “tagbor mele asiwo oh, ele wewem”, which literally means “you don’t have sense, you are smelling”, really affected the Complainant. She appeared shocked and completely disgusted at the Accused for coming to her work place out of the blue and meting out such treatment to her. The law under which the Accused was charged stipulates a maximum sentence of three (3) years in prison. 4 The Accused’s attitude in the Dock and his lack of remorse could have very easily have aggravated the offence. Nonetheless, Accused being a first offender, served as a mitigating factor. CONVICTION: The Accused has been found GUILTY AS CHARGED. SENTENCE: The Convict is sentenced to a FINE OF 100 PENALTY UNITS. - In default of the Fines, the Convict shall SERVE 6-MONTHS IN PRISON. COMPENSATION: The Convict, MR. ROBERT DIABA KORBLA, shall compensate the COMPLAINANT, MADAM ABDULAI FATIMATU with Two Thousand Five Hundred Ghana Cedis (GH.C2,500.000). - THE COMPENSATION SHALL BE PAID BEFORE THE FINES. SGD. HW REJOICE ASEYE GADAGOE DISTRICT MAGISTRATE 4/12/2024.  Representation:  DETECTIVE CHIEF INSPECTOR RANSFORD KWATEI PROSECUTED FOR THE REPUBLIC.  ACCUSED NOT REPRESENTED. 5