REPUBLIC VRS. ADZEWODA (CC/06/2024) [2024] GHADC 660 (24 October 2024)

IN THE DISTRICT COURT HELD AT ANLOGA IN THE VOLTA REGION ON THURSDAY THE 24TH DAY OF OCTOBER, 2024. BEFORE HER WORSHIP REJOICE ASEYE GADAGOE, DISTRICT MAGISTRATE CASE NO.: CC/06/2024. THE REPUBLIC VRS ETSE ADZEWODA JUDGMENT: STATEMENT OF OFFENCE: The Accused was arraigned before this Honourable Court on 26/10/2023; and was charged with the offences stated below: 1) Causing unlawful damage contrary to SECTION 172 OF THE CRIMINAL OFFENCES ACT, 1960 (ACT 29). 2) Threat of harm contrary to SECTION 74 OF THE CRIMINAL OFFENCES ACT, 1960 (ACT 29). PLEA OF ACCUSED: Accused, MR. ETSE ADZEWODA, pleaded NOT GUILTY to the Counts, which necessitated a trial. Trial eventually commenced on 2/05/2024. CASE OF THE PROSECUTION: Complainant EDEM ABOTSI, is an electrician residing at Tegbi near Anloga. Accused Etse Adzewoda is a carpenter residing at Tegbi-Tehodagbor. Complainant and Accused are neighbours but have not been on talking terms for some time now. On the 30th day of August, 2023, around 8:30am, Complainant was working on his farm at Tehodagbor when Accused entered the farm to warn the Complainant 1 to stay away from the land. Accused was said to have further threatened the Complainant that whatever he is looking for on the land, he will get it. Accused proceeded and stepped on some of the tomatoes seedlings the Complainant had planted and also broke the pipes mounted on the farm for irrigation purposes. Thereafter, Complainant made an official report to Police, Anloga. Accused was subsequently arrested and processed for Court. CASE OF THE ACCUSED: Accused pleaded not guilty to each of the two charges. After a prima facie case had been made against the Accused, he was invited to answer to the charges, and to put up any defense he had. In the Accused statement to Police however, he stated that, Complainant has stolen part of his father’s land. He cautioned complainant on a number of times. Complainant has refused to stay away from the said land. Accused had earlier, told the Honourable Court on 30/08/2023; that he went to fetch water and had to pass through the Complainant’s farm which triggered an altercation. All those evidence listed above were missing in the witness statement Accused filed on 17/07/2024. The Honourable Court had to adopt it for whatever it was worth. Accused did not call any witness either; and the prima facie case stood un-rebutted. Accused witness statement has been attached below for ease of reference. 2 3 Evaluation of Evidence: 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”. At the end of trial, the Accused had not put up any defence or rebuttal against the prosecution’s case. In effect, the charges were proved against the Accused beyond reasonable doubt. 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”. Again, SECTION 172 (1) OF THE CRIMINAL OFFENCES ACT, 1960 (ACT 29); also provides as follows: “172. Causing unlawful damage. (1) A person who intentionally and unlawfully causes damage to property (a) to a value not exceeding one million cedis or without a pecuniary value, commits a misdemeanour. (b) to a value exceeding one million cedis commits a second a degree felony”. I a nutshell, Accused decided not to speak to the case nor defend himself. Even when his attention was drawn to the unreliable state of his witness statement, he refused to change it and stood his grounds. The prosecution’s case was accordingly proved beyond reasonable doubt. 4 Convictions: ACCUSED WAS FOUND GUILTY AS CHARGED ON BOTH COUNTS. Sentences: Count One: THE CONVICT WAS SENTENCED TO A FINE OF 100 PENALTY UNITS. Count Two: THE CONVICT WAS SENTENCED TO A FINE OF 200 PENALTY UNITS.  The sentences were to run concurrently.  In default of the Fines, the Convict shall serve a 12-month term of imprisonment. Compensation: The Convict, ETSE ADZEWODA, shall compensate the Complainant with TWO THOUSAND GHANA CEDIS ONLY (GH₵2,000.00). The compensation shall be paid before the Fines. (SGD.) HW REJOICE ASEYE GADAGOE DISTRICT MAGISTRATE 24/10/2024.  Representation:  DETECTIVE CHIEF INSPECTOR RANSFORD KWATEI PROSECUTED FOR THE REPUBLIC.  ACCUSED NOT REPRESENTED. 5