Takoradi (Western Region) 15 June
2000
Four mortuary attendants from the
Cape Coast University and Effia Nkwanta Hospitals are to be prosecuted soon for
the disappearance of the corpse of an 87 year-old woman Deputy Superintendent
of Police (DSP) Yusif Chilala, Crime Officer in charge of the Takoradi Police
told the Ghana News Agency that the four were arrested for persistently
refusing to disclose the identity of the persons, who allegedly collected the
corpse.
DSP Chilala said that the docket
on the case has been sent to the Attorney General's Department for advice
adding that investigations have not yielded any positive results.
Obaapayin Duncan died on April 14
and was deposited at the Effia Nkwanta Hospital Mortuary in Sekondi but when
the family went to collect it for burial, a male body was presented to them,
which they rejected.
Investigations revealed that the
corpse of Obaapayin Duncan was transferred to the Cape Coast University
Hospital Mortuary without any transfer or death certificate.
When the police went to the
mortuary at Cape Coast, they were told that some unidentified people collected
the body.
GRi../
Accra (Greater Accra) 15 June 2000
The Supreme Court in a unanimous
decision of five, on Wednesday ruled that the de-confiscation order directed by
President Jerry John Rawlings through the Confiscated Assets Committee in
respect of Estate Houses at Awudome, does not contravene the letter and spirit
of the 1992 Constitution.
The Court quoted Article 130 of
the Constitution. It states that: "subject to the jurisdiction of the High
Court in the enforcement of the Fundamental Human Rights and Freedoms as
provided in the Constitution, the Supreme Court shall have exclusive original
jurisdiction in all matters relating to the enforcement or interpretation of
this Constitution."
"Where an issue that relates
to a matter or question referred to in clause one of this article arises in any
proceedings in a court other than the Supreme Court, that court shall stay the
proceedings and refer the question of law involved to the Supreme Court for
determination.
"The court in which the
question arose shall dispose of the case in accordance with the decision of the
Supreme Court".
Accordingly, the court presided
over by Justice A. K. B Ampiah, directed an Accra Circuit Court that referred
the case involving Group Captain P K Agyekum (rtd) and Ex Warrant Officer Class
One Isaac Adjei Boadi to it for interpretation, to dispose of the matter in
accordance with this determination.
The court made reference to
Section three of PNDC Law 325. It states that notwithstanding the provisions of
the Confiscated Assets Committee Decree 1979 (AFRCD 25), any confiscated assets
held by the Confiscated Assets Committee shall be released by the said
Committee to such person, organisation or body as the PNDC may in writing
direct."
The four other members that
constituted the panel were Justices F Y Kpegah, E D K Adjabeng, George Acquah
and Sophia Akuffo.
The background of the case is that
in 1960, Group Captain Agyekum acquired by way of a lease from the then State
Housing Corporation house number 1153 at the Awudome Estates in Accra.
In January 1990, the erstwhile
AFRC confiscated the estate and allocated it to the State Security and Foreign
Affairs for use by WO 1 Adjei Boadi.
President Rawlings, then Chairman
of the AFRC, in a letter addressed to the Security Co-ordinator on April 18,
1987, directed the de-confiscation of this estate to its former owner, Group
Captain Agyekum.
On May 23, the same year, another
letter was written requesting the occupant, WO 1 Adjei Boadi to vacate the
premises, and hand over the keys on or before June 30, but he refused to comply
with the order.
Not satisfied with this, therefore,
Group Captain Agykum send the matter to court.
In his writ of summons, Group
Captain Agyekum claimed among other things, the recovery of possession of
Estate House Number 1153, Awudome Estates, and general damages for trespass or
for use and occupation.
In his defence, WO 1 Adjei Boadi
admitted the fact of the confiscation, but challenged the de-confiscation on
grounds that it is void by virtue of the transitional provisions.
WO 1 Adjei Boadi contended that
the de-confiscation was not in line with, or was in contravention of Section 35
(1) and (2) of the Transitional Provisions.
Mr Nelson Cofie, who represented
Group Captain Agyekum was present in court while Captain Nkrabeah Effah Dartey
(rtd) counsel for WO 1 Adjei Boadi was absent.
GRi../
Asamankese (Eastern Region) 15 June 2000
A 28 year-old taxi driver at Suhum who raped a 25-year-old woman working with his wife in a chop bar, has been sentenced to 16 years' imprisonment by the Asamankese Circuit Court.
Kwasi Amoako, who pleaded not guilty to the charge of rape, broke down and wept when the sentence was pronounced. His mother also wept uncontrollably and had to be assisted to leave the court.
Inspector Osei Owusu had told the court that Amoako had once proposed love to Korkor, who turned him down.
He said on March 26, Korkor was returning from a journey and met Amoako at the Suhum lorry station in the night, who gave her a lift in his taxi cab and suggested that they should go for some soft drinks.
From the bar, the Prosecutor said, instead of sending the woman home, he took her to a remote area near a cemetery.
"There he asked her to alight, and when she refused, Amoako dragged her out to the roadside, beat her severely and forcibly had sex.
"In the process, he tore her panty, skirt and blouse amidst threats to kill her if she did not yield."
After the act he ordered her back into the taxi and drove to another spot where he tried to rape her again.
She was, however, able to prevent him and ran for help. Her rescuer helped her to the Police station to report the case.
GRi../