FORSTER JA.: On 29 August 1994 the appellants were indicted at the criminal section of the High Court, Accra of the offences of conspiracy to commit murder and murder. On 29 August 1994 they were convicted of manslaughter upon the verdict of the jury and sentenced to eighteen months’ imprisonment with hard labour. It is against these conviction and sentence that they appealed to this court.
The first appellant was at the material time the station officer of the Elmina Police Station. The second appellant was a constable at the same station. In June 1993 among prisoners then being detained in the temporary police cells was the deceased, Ato Kwami Awotwi. It would seem that the cells were then being repaired by a contractor. On the morning of 6 June 1993 it was discovered that the prisoners had broken out of the cells and escaped. On 7 June 1993 the deceased was recaptured by some fishermen from the lagoon at Brenaakyin village into which he had jumped on seeing the search party made up …