Convicted Asabke Alangde, who has been sentenced to death after a seven-member jury panel found him guilty has filed a notice of appeal urging the Court of Appeal to set aside his conviction
Asabke, a former Station’s Master of Bolgatanga-Kumasi Lorry Station was unanimously found guilty after the jury returned a guilty verdict for him on conspiracy.
But returned a 4:3 verdict not guilty for him and Gregory Afoko for the charge of murder while the court had ordered for Afoko’s retrial who also had a 4:3 verdict on conspiracy in his favour.
The two were accused for the acid incident which led to the death of New Patriotic Party’s Upper East Regional Chairman in May 20, 1015.
Six days after his conviction, documents sighted by Starrfm.com.gh indicated that the lawyers for Asabke has filed notice of appeal to the appeal court for his conviction and entire ruling to be set aside.
“Please take notice that the 2nd Accused / Appellant herein being dissatisfied with the ruling / conviction by Her Ladyship Wood JA (sitting as an additional High Court Judge) delivered on the 27 of April, 2023 at the High Court, [General Jurisdiction 11], Accra, hereby Appeals to the Court of Appeal on the grounds set out in paragraph 2 below and will at the hearing of the Appeal seek the relief set out in paragraph 3 below,” the notice of Appeal filed on Wednesday, May 3, stated.
*Grounds of Appeal*
Per the groups of Appeal, the notice of appeal states that, “the trial judge failed to adequately direct the jury on the offence of conspiracy in the summing up leading to misdirection and conviction of the 2nd Accused/ Appellant.
“The unanimous verdict reached by the jury on conspiracy and a 4-3 majority verdict for murder for the 2nd Accused/Appellant; and 4-3 majority verdict on both counts of Conspiracy and murder in favour of the 1s Accused person, on the same set of facts and charges cannot be grounded in law and thus void.
“The conviction of the 2nd Accused/Appellant is erroneous and same is not supported by the evidence adduced at the trial.
He is seeking for a relief that, “the entire ruling / conviction of the High Court dated 27 April, 2023 be set aside.”
EIB Network’s Legal Affairs Correspondent, Murtala Inusah, gathered that, his legal team are also contemplating filing Certiorari at the Supreme Court to Quash the conviction of ASABKE on grounds of errors on the record.
*Jury verdict*
The seven member panel on Thursday , April 27, unanimously found him guilty for the offense of conspiracy for murder but returned a 4:3 verdict for him for murder
For Gregory Afoko, the jury which comprised of four ladies and three men also returned a 4:3 not guilty verdict in his favour on both counts of conspiracy and murder.
Justice Afua Merley Wood, a Justice of the Court of Appeal said per the law, said, a 4:3 means it is a “Hung jury” and Afoko must be Retried before another jury.
Before passing her sentencing, the judge said. “Asabke Alangde, the men and women you have chosen to try you have found you guilty of conspiracy,” the court informed him.
Asabke in his last words to the court said, “I have not done anything. I’m pleading with the court.”
Justice Wood while passing her sentence said, “you are sentenced to death by hanging. May God have mercy on your soul.”
Source: Ghana/Starrfm.com.gh/Murtala Inusah
