GYABAAH
V.
THE REPUBLIC

(1985) JELR 65644 (CA)    
Court of Appeal  ·  13 Jan 1985 ·  Ghana
CORAM
MENSA BOISON JA,EDWARD WIREDU JA,OSEI-HWERE J.A.
Core Terms Beta
evidence
jury
prosecution
second prosecution witness
third prosecution witness
snake-bite
trial judge
third prosecution witnesses
first prosecution witness
fourth prosecution witnesses
witnesses
evidence of the fourth prosecution witness
fourth prosecution witness
alleged confession
dead body
independent evidence
requirement of independent proof of the corpus
amaasu-pampaso police
appellate court
burden of proof
chief state attorney
close friend
critical approach
cross-examination
death of opanin kwasi aidoo
detective sergeant of the sunyani police
devout roman catholic
direct conflict
district court
diverging evidence
evidence of the first prosecution witness
first advantage
following morning
high court
important conflicts
learned judge
main issue
material time
murder case
narration of the bald issue of the alleged confession
prosecution of the appellant
relevant issues
second
star witnesses
support of his submissions
third prosecution witness’ evidence
trial judge of a reference
trial judge’s direction
verdict of the jury
village of amaasu-pampaso

OSEI-HWERE J.A.: There lived in the village of Amaasu-Pampaso near Dormaa-Ahenkro in the Brong-Ahafo Region a man called Opanin Kwasi Aidoo alias Simon Aidoo. By repute he was a devout Roman Catholic whose kindness was said to know no bounds. On the night of 26 June 1979, he left home to seek spiritual solace in the Roman Catholic Church. By 11.20 pm he had not come home and his family got alarmed. Later that night his dead body was discovered lying some 30 yards from the sanctuary of his worship. The following morning the body was conveyed to the Sunyani Central Hospital where Dr Apraku, now deceased, carried out an autopsy. The body was later buried at a village in Ashanti called Sakra Wono, from which the deceased hailed.

It appears that if the Amaasu-Pampaso Police who had the first advantage of coming face to face with death of Opanin Kwasi Aidoo had set in motion any serious investigative process it soon was lulled. For it was one month (almost) after his death that a detective …

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