APALOO J.
On the 28th October, 1960, an accident occurred on the Koforidua-Kumasi road involving lorry No. AG 1022 driven by one Sydney Anhwere Dankwa and the appellant, who was then in charge of motor vehicle No. AE 4828. This accident resulted in injuries to many persons and seems to have been fairly serious. The police claimed that the accident occurred as a result of the careless driving of the appellant. Accordingly, he was charged with that offence and brought to trial before the district court. The appellant was duly convicted of that offence.
During the trial of the case, the driver in charge of lorry No. AG 1022 did not give evidence. He said he was unwell and sent a telegram to the police to that effect. It is probable that he also suffered injuries in the accident. The police must have felt able to proceed with the case without him. The trial proceeded without his evidence resulting, as I have said, in the conviction of the appellant. The appellant appealed against his convi…