A 66-year-old farmer at Akim Asuboa near Akim Oda in the Eastern Region has asked for forgiveness from the family of a 36-year-old Aeronautic Engineer, whom he mistakenly shot and killed.
Effah is said to have shot and killed Prince Kwabena Kumi, a 36-year-old Aeronautic Engineer in 2018 but told the police upon his arrest in 2021 that, he mistook deceased for animal.
The father of 13, according to his lawyer, was charged with manslaughter but on Wednesday February 7, 2024, changed his plea from not guilty to guilty.
He was consequently convicted on his own plea by the High Court in Accra presided over by Justice Lydia Osei Marfo and jailed for five years in hard labour.
Effah, also a taylor moments after admitting the offense went down on his knees and begged the family of the deceased who were in Court for forgiveness.
“I have regretted my actions. It was not my intention for the victim to lose his life.
“I agreed to serve the society and community out of love. I have never had any encounter or fought with anybody.
“Sometime, when it is time for me to go and serve the community, I lock two of my little children in the room to enable me go and return home safely,” he said to the family while sobbing.
“At the time the incident happened, it never occurred to me that a Human being could be at the bush at that time.
“I am deeply sorry and I plead with the family of the victim who are present in court to forgive me and that it was not intentional.
“If I had been able to fulfil the bail conditions, I would have gone to see some elders to accompany me to the family of the deceased and render my apology to them,” the Convict pleaded.
“I am pleading with the family of the deceased present to forgive me and for the court to forgive me as well and that it was not intentional.
“I am also pleading with the court to help me apologize to the family of the deceased and that it was not intentional.
*Apology unacceptable*
A representative of seven who represented the family including, Abena Kumi Deborah, a senior sister to the deceased said even though they have heard the apology, “we find it difficult to comprehend.”
“The victim was our only brother. We are four (4) girls and the deceased was our only brother.
I have heard the accused person’s plea and for us it does not go well with us because it’s been three (3) years since he was arrested and for him to keep quiet from the time of the incident till now, we find it difficult to comprehend.
“We see our mother at home all these years sobbing,” she told the Court.
“Your lady, this happened in 2018 and he was arrested in 2021 we live in the same village.
“A whole human being had been shot and the accused person kept quiet from the time of the shooting till 2021 when he was arrested.
“And where my brother was found was not within the limit of the patrols and that really hurt us,” she stated.
*Prosecution*
Prosecution led by Mrs Sefakor Batse, a Principal State Attorney for the republic had told the Court that, “as much as the accused person has exercised his right to change his plea, the republic will like to pray this Honourable court before it passes its sentence to consider the fact that even though the act by the accused person was not intentional, it led to the death of a Human being who was cherished by his family.”
“My lady, we pray that even though the sentence you will hand down to the accused person will never bring back the deceased to life, it will be a sentence which may offer some form of a comfort to the deceased family. So that they do not feel that their family member was killed in vain,” she prayed the Court.
*Mitigation*
Counsel for the accused person, J.H Senoo, by way of his mitigation plea, said the facts as have been laid before this court resulting in the death of a pilot is most unfortunate and with deepest regrets.
“My lady, the facts state categorically that the accused even though at the age of 63 years of the society was still concerned with the safety of the society and community which he lived and that is why he was performing a neighbourhood watch committee which certainly was set up by the whole community and society to look after their welfare especially in the night.
“It was this incident is supposed to have happened about 10pm thereafter when the accused person and his committee members were performing this social duty and as he has admitted in his witness statement, this did happened unintentionally.
“He did not know the deceased anywhere and nothing had been established that he has had an issue with him. One may asked why he should then have killed the deceased. If I may reiterate that the fact are very regrettable,” he prayed.
*By Court*
Justice Lydia Osei Marfo, the judge after she heard from the parties including, the accused and family sentenced the convict to a 5 years in prison in hard labour also taking into consideration the fact that, convict had spent three years in lawful custody.
“This is a manslaughter offence and a person who commits manslaughter commits a first degree felony. Per section 296(1) of the Criminal and Other Offences Procedure Act, 1960 (Act 30) where ‘a criminal offence is declared by an enactment to be a first degree felony and the punishment of that offence is not specified, a person convicted of that offence is liable to imprisonment for life or any lesser term,’
“This means that the court is enjoined to give a sentence from Zero to life imprisonment.
“Having considered the prayer of counsel on both sides and heard the convict herein as well as a family member of the victim and considering the entire circumstance of this case including the right of the convict under the Article 14(6) of the 1992 Constitution stated supra, I hereby sentence the convict to a term of five (5) years I.H.L of imprisonment effective from today the date of judgement,” the Court sentenced.
*Background*
The accused (now convict) had earlier pleaded not guilty to the charge of manslaughter after he told police investigators that he shot at the deceased by mistake.
Though, the accused (a tailor) who initially denied knowledge about the death of Prince Kwabena Kumi, a 36-year-old Aeronautic Engineer, said he “later admitted shooting him by mistake, thinking it was an animal.”
Joseph Kwesi Effah, a father of 11, is facing a jury trial for the incident that occurred in March 2018.
“The accused in his earlier statements to the police during preliminary investigations, initially denied any knowledge about the death of the deceased but later admitted shooting him by mistake, thinking it was an animal,” Principal State Attorney, Mrs Sefakor Batse tells the jury.
*Brief facts*
Mrs Batse, the PSA, in her opening address to the seven member jury panel prior to the commencement of the trial, per the facts, the accused Joseph Kwesi Effah, is a resident of Akim Asuboa near Akim Oda.
Whilst, Prince Kwabena Kumi (now deceased) was a 36 year old aeronautic Engineer who worked with Africa World Airlines in Accra.
She said, on March 31, 2018, the deceased left Accra to visit his mother Comfort Nkansah Kumi at Akim Asuboa in his Honda CRV vehicle with registration Number GE 7809- 14.
The PSA said, when he (the deceased) reached Akim the deceased took his vehicle to a washing bay and joined some of the washing bay attendants at a nearby drinking spot to take some alcohol.
She added that, the deceased was later spotted at the Akim Akroso Lorry Station, “very intoxicated, with his car parked in the middle of the road.”
The PSA said, the Akroso police intervened by impounding his vehicle and putting him on board a passenger bus enroute to Akim Oda.
“An arrangement was made for one Benedicta Buruwaa, a trqder to meet the deceased on his arrival in order to escort him to his mother’s house due to his drunken state.
“This arranged meeting did not materialise because Benedicta never met him at the agreed drop off point as he had already been dropped off by the driver before she got there and she proceeded home to sleep,” she told the jury.
*Lifeless body*
It was the case of the State Prosecutor to the jury that, the deceased was spotted by some
witnesses one of whom confirmed that he was heavily drunk when they saw him but no effort was made to stop him.
“The deceased however never got home so his relatives lodged a complaint at the Akim Oda Police station,” the PSA stated.
Mrs. Batse told the jury that, on April 3, 2018, “a search party found the body of Prince Kwabena Kumi (the deceased) in a state of decomposition in the bush along the Asuboa-Akroso road.”
The PSA stated that, upon investigation it was revealed the accused was a member of the Akim Asuboa ‘Neighbourhood Watch Committee’ and on March 31, 2018, he was on duty at about 10:00pm together with one Daniel Kwabena Akwaah, also a farmer and a member of the same Neighbourhood Watch Committee.
*Snoring sound in bush*
She said, in the course of the patrol, “they both heard a snoring sound in the bush and suspected it to be a pig.”
According to the PSA, the accused, who was holding a locally manufactured gun, “went closer towards the sound and fired in that direction without checking exactly what or who he was firing at.”
“It was only when they got to the exact spot where he fired that he realized he had shot a human being.
“They however left together without offering any assistance or even reporting the matter to the police,” she told the jury.
Mrs Batse said, “the body of the person shot at was discovered days later in a state of decomposition and it was identified as that of Prince Kwabena Kumi”
*Cause of death*
The PSA told the jury that, the pathologist, after post mortem examination, “gave the cause of death as haemorrhagic shock, severe jaw and chest injuries and gunshot at intermediate range.”
“Investigations led to the arrest of the accused and other suspects and the retrieval of three locally manufactured single barrel guns from members of the neighbourhood watch committee including that of the accused person which were forwarded to the forensic laboratory for ballistic examination together with the pellets retrieved from the body of the deceased during autopsy.
“The ballistic report was conclusive that the pellets retrieved from the body of the deceased could have been discharged from any of the guns retrieved from them including that of the accused,” the Prosecutor told the jury.
She stated that, the report also concluded that the shot guns which included that of the accused are lethal and capable of inflicting fatal wounds.
*Mistaken for animal*
She said, the accused in his earlier statements to the police during preliminary investigations, “initially denied any knowledge about the death of the deceased but later admitted shooting him by mistake, thinking it was an animal.”
“He however admitted failing to offer any assistance even though he realized it was a human being he had shot.
He stated that he failed to report the incident out of fear and did not intend to kill Prince Kwabena Kumi.
She said, “the accused was therefore charged with the offence of manslaughter contrary to section 50 of the Criminal Offences Act 1960 (Act 29) and brought before this Honourable Court for trial.”
*Defence lawyers*
For their part, the defence lawyers also told the jury that, their 63 years old client is a “Very respectable person in the neighborhood and that he joined the neighborhood for the sake of doing good in the society.
They submitted that, their client is a “responsible respectable man with a family of 11 children.”
Counsel said, the accused had no intention of knowledge of the incident until his arrest and was informed of the incident.
He urged the jury to discharge their duties with due deligence.
*Constitutional mandate*
Justice Lydia Osei Marfo, the trial judge, in her address to the jury reminded them of the “constitutional duties imposed” on them as they discharge their duties.
“You are required by law to be part of this trial as trial judges of the facts in this matter. You are supposed to pay attention to the evidence that would be produce by the prosecution against the accused person heron.
“This means that, you are to listen to the various oral evidence given by the witnesses they would giving, the exhibits that maybe tendered during the trial, Statements, admission etc brought before you in the course of this trial,” the Court charged them.
The case has been adjourned to November 16 for pre trial hearing.
Source: Ghana/Starrfm.com.gh/Murtala Inusah
