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DOUGLAS AFRIYIE AND 9 OTHERS V. THE REPUBLIC

(2012) JELR 64353 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H2/10/2011  •  29 Jun 2012  •  Ghana

Coram
MARIAMA OWUSU (MISS) J.A. (PRESIDING), F.G. KORBIEH J.A., IRENE C. DANQUAH (MS.) J.A.

Appearances
JOSEPH KAPONDE ESQ FO APPELLANT,AFUA SERWA ASARE BOTWE; PRINCIPAL STATE ATTORNEY FOR REP/RESPONDENT.

Judgement

F.G. KORBIEH, J.A.

The ten appellants herein (together with one other person) were put before the District Court, Sunyani for committal for trial on indictment for three offences, namely conspiracy to commit murder, murder and causing unlawful damage. At this committal or preliminary hearing stage, the committal court explained the plea of alibi to each of them and asked that if they intended to plead alibi they should give their explanation to the committal court and later furnish the names of witnesses they proposed to call within the period stipulated by the statute. In each case each appellant said he had nothing to say since he had engaged the services of counsel. They were each committed to stand trial at the Sunyani High Court on the charges mentioned above. At the beginning of the trial the prosecution presented the facts of the case to the trial court. These may be summarized as follows: in March [2007] two persons died in the bush at Kuffour Camp near Atronie and it was rumou…

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