The 30-year-old Burkinabe herdsman, Beira Ba Assane is set to re-appear before a Ho Circuit Court on Monday, 31st July, 2023 having been remanded into prison custody by the court.
The accused is standing trial for two counts of offenses including a robbery incident that occurred at Adaklu Alavanyo under the jurisdiction of the court and contrary to section 149 of the Criminal Offenses Act, 160 (Act 29) as amended by the Criminal Offenses Act, 2003 (Act 646).
He was also charged with the offense of unlawful possession of fire arms contrary to section 11 of the Arms and Ammunition Act, 1972 (NRCD 9).
The accused, pleaded not guilty to both counts when his charges were read over and explained to him (in the Fufude language) during his first appearance in court on Monday, 17th July, 2023.
The court presided over by His Honour Felix Datsomor remanded the accused into prison custody to re-appear on the said date for case management conference.
Prosecution was also directed to file its disclosure materials not later than 28th July, 2023.
Brief facts of the case
Presenting the facts of the case, the prosecutor, Sergeant Kwadwo Otibu-Gyan told the court that the accused person is a herdsman who was employed in April, this year to herd cattle belonging to the complainant’s boss, one Alhaji Ibrahim Ayiku, alias Alhaji Tanka.
According to the prosecution, in May, 2023 the accused (Baira Ba Assane) conspired with two other persons and stole some of the animals.
The matter was reported to police and accused subsequently sacked.
The court heard that the complainant, Katayenor Sumana who is also a caretaker of a kraal at Adaklu Lafleve was then engaged to additionally take care of the herds the accused person was keeping.
Accused person however, continued to visit the kraal with other herdsmen who have gained notoriety for stealing of cow in the enclave but were repeatedly sacked by the complainant anytime he saw them around.
Prosecution told the court that on June 14, 2023 at about 4:30pm the accused, masked with a piece of cloth and armed with a locally manufactured pistol and a barbwire wrapped around a stick, emerged from a bush on the road between Adaklu Lafleve and Adaklu Alavanyo and stopped the complainant who was riding a motorbike, threatened him with the gun and demanded the motorbike and the keys.
Whilst snatching the motorbike, the complainant fiercely held the pistol resulting in a deadly confrontation between the two.
The pistol, according prosecution, incidentally discharged bullets which hit the stomach and chest areas of the accused person -injuring him in the process but he managed to escape leaving behind his bag which contained his personal effects including a Burkinabe National ID, the barbwire and the pistol.
An official complaint was made to the police following the incident.
But while investigation was ongoing, the complainant with the help of some young men, traced the accused to his hideout, arrested and handed him over to the police.
In the course of interrogation, the accused person, according to the prosecution admitted to robbing the complainant of his motorbike.
He also claimed ownership of the bag and the contents therein, the barbwire and mask found at the scene but denied ownership of the pistol.
Further investigations, however, revealed that the pistol is an unlicensed and was indeed the weapon the accused used to attack the complainant.
The accused at his first appearance was not represented by counsel.
Source: Starrfm.gh.com/103.5FM/Faisel Abdul-Iddrisu
