PROF. MENSA-BONSU (MRS.) JSC:-
This case arose because two young men who chose friendship with one another, which choice turned out to be unwise, ended up with prison terms, having been accused of committing a heinous crime. They “loved but not too wisely.”
BACKGROUND AND FACTS
The 1 accused, Charles Modzaka, was employed as a driver by a company known as ‘Phase Two Consultants and Contracts Limited’ (hereinafter referred to simply as Phase Two) at Adenta near Madina in Accra. This company was owned by one David Ararat Tetteh, who also doubled as the Technical Director of the company. The 2accused (and appellant herein), George Abormegah (also spelt Abomagah during the trial at the High Court) was a welder and friend of the 1accused. They both inhabited the same compound house – the 2accused (now appellant) as a tenant, and the 1accused, as a guest of his cousin who was co-tenant to 2accused.
The 1 accused was employed at Phase Two on probation for six months. He was, however, discharged …