The Republic Vrs Ahedor [2023] GHACC 108 (5 May 2023)

IN THE CIRCUIT COURT HELD AT KETA IN THE VOLTA REGION ON 5TH MAY, 2023 BEFORE HIS HONOUR FRANK Y. GBEDDY ESQ. CIRCUIT COURT JUDGE. FILE NO. B18/59/2022 THE REPUBLIC VRS ERIC AHEDOR JUDGEMENT DELIVERED ON 5/5/2023 The charges brought against the accused person are; 1. Riding Unregistered motor cycle contrary to section 41(1), Act 683 as amended by Act 761 2. Careless and Inconsiderate cycling, contrary to Section 31, Act 683 as amended by Act 761 3. Negligently Causing Harm contrary to Section 72 of Act 1960 (Act 29) 4. Riding without license contrary to Section 53(1) of Act 683 as amended by Act 761 5. Riding Uninsured Motor cycle, contrary to Section 1(2) motor vehicle (3rd party insurance) Act 1958 (No. 42) 6. Riding without Road Use Certificate contrary to Regulation 7(1)(a) RTR, 2012(L. T. 2180) PROSECUTOR: CHIEF INSPECTOR RANSFORD KWATEI PLEA: Accused pleaded guilty on all other counts except on count 2 and 3 BY COURT: The Circuit Court since handed down punishment to the accused on the counts 1,2,4,5 and 6 since he pleaded guilty on all. BRIEF FACTS: The police investigator alleged that the accused who was riding an unregistered Haojue motor bike with a pillion rider on board from Anyanui to Dzita knocked down the victim Zoiku Etse aged 58 at a section of the road called Dzita- Agbledomi. The investigator’s averment is that the accused failed to exercise due care and attention hence the accident. It is further alleged that the late victim emerged behind a vehicle, crossing the road hence the accident. It is also averred that the rider together with the late victim sustained multiple injuries and were rushed to the Keta Municipal Hospital for treatment where the victim Zoiku Etse died. It is alleged that the pillion rider on board also sustained a minor injury but was since treated and discharged. Dr. Anim Emmanuel who conducted the post mortem examination on the deceased gave the cause of death as a Hemorrhagic shock, open Tibia and Fibula fracture and head injury secondary to Road Traffic Accident. The accused is alleged to have failed to provide the following materials; 1. Riding license. 2. Insurance certificate and 3. Road user certificate. Duplicate docket was forwarded to Attorney General’s office upon completion of investigation for advice hence the charges levied against the accused person. PROOF: The proof is on the prosecution to establish the charges beyond reasonable doubt against the accused person ELEMENTS OF CARELESS INCONSIDERATE CYCLING a. Person rides a cycle on the road b. Without due diligence, care and attention c. Without reasonable consideration d. The accused caused harm and obstruction to other road users. ELEMENTS OF NEGLIGENTLY CAUSING HARM a. The accused solely or partly in charge of a steam engine cycle b. Without due care, diligence and attention c. Without reasonable consideration d. Unlawfully caused harm to the road user. EVIDENCE OF PW1 He is called Richard Agordo who was the pillion rider and a mechanic on board the unregistered Haojue motor bike with the accused on the 4/11/2020 from Anyanui to Dzita. He stated that on reaching a place called Agbledomi, the deceased emerged from the back of a stationary van which was packed off side the edge of the road. He stated further that as the deceased emerged and was crossing the road to the other side, the Haojue motor bike rider all of a sudden met the deceased crossing and applied brake but ended up knocking the victim down. He also told the court that the motor bike fell and PW1 also sustained some injuries. He further stated that the motor rider, Eric Ahedor the accused, and the deceased sustained serious injuries and were rushed to Keta Municipal Hospital for treatment. PW1 also said his injuries were minor hence he visited a clinic nearby called St. Francis clinic where he was treated and discharged the same day. CROSS EXAMINATION The accused stated that it was the PW1 Richard Agordor who invited him to take him to Dzita to meet a man called Osha. The accused person stated that his grandmother and wife were present when PW1 came with the request. The PW1 denied that he had made such an invitation. EVIDENCE OF PW2 By Court; The PW2 Gershion Kporvi even though filed and served witness statement was not present to carry out cross examination on same. Hence, his witness statement is expunged. EVIDENCE OF PW3 This is the investigator G/CPL Allotey Samuel. He stated that the accident occurred on the 4th November, 2020 at Dzita-Agbledomi involving the motor rider accused Eric Ahedor and victim called Zoiku Etse. The investigator stated that he took the cautioned, charged as well as witness statement from the accused and the prosecution witnesses respectively. He also visited the scene and measurements were taken. All the exhibits as filed were duly tendered and served. CROSS EXAMINATION BY ACCUSED The investigator stated that according to the measurement of the accident spot, the accused should have seen the deceased in order to prevent the accident. The investigator also stated that the accused motor rider was over speeding; that was why he could not prevent the accident. The accused also stated that the deceased appeared all of a sudden from behind the stationary van and therefore made it difficult for the accused to prevent the accident. The investigator also stated that the accused was on top speed that was why the injury on the victim was so devastating resulting in his death. EVIDENCE OF ACCUSED Accused is called Eric Ahedor. He stated that the PW1 asked him to convey him to the place of his master who is called Osha. He also stated that somewhere along the road, there was a double parking and the deceased Zoiku all of a sudden emerged from behind the stationary vehicle which was parked at the left side of the road. The accused stated that he tried to prevent the accident but the victim crossed to the same direction which the accused went with the motor and same victim ran into the accused motor bike hence the accident. Accused told the court that he and the victim sustained serious injuries and were rushed to the hospital where the victim later died on the same day. CROSS EXAMINATION The accused stated that it is true he knocked down the victim Zoiku Etse but the accident occurred not because he was careless and negligent. He stated that the deceased all of a sudden emerged from behind a left sided stationary van which was selling herbal medicine. Accused went on that all efforts to prevent the accident failed since the late victim re-crossed the motor in the direction where the accused went in order to prevent the accident. The prosecutor also stated that since accused was over speeding in town, he failed the test of due diligence to enable him avoid the accident. Q: You knocked down the deceased in the town. A: Yes. Q: You need to be extra careful when you ride in town. A: Yes. But on the 24th January, 2023, the accused person denied that the accident occurred in town. Q: You knocked down the deceased in town. A: It is not true. The accused in this cross examination had introduced a new implicating element when he stated that a motor bike overtook him and he did not see anyone crossing at that moment so he later saw the victim all of a sudden and he was unable to prevent the accident. Q: You failed to take due care on the road A: It is not so. A motor bike overtook me and I did not see anyone crossing at that time but the victim just appeared into the road all of a sudden. BY COURT: Is the road dusty? If the overtaking motor made the accused not to see anything at that moment. How did he see the deceased at the same time. Where is Dzita Agbledomi? Where is Ekpeamegbor? ANANLYSIS OF FACTS/LAWS The prosecution called PW1, Richard Agordo and the PW3, the investigator G/CPL Allotey to strongly state that the accused person Eric Ahedor was responsible for the accident at Dzita-Agbledomi along the road from Anyanui to Dzita on the 4/11/2020. This accident resulted in the death of the victim Zoiku Etse who emerged from behind a stationary van. The prosecution stated that the accused driver was over speeding and without due care and due diligence, he negligently knocked down the victim Zoiku Etse to death. The accused person Eric Ahedor denied the fact that he was responsible for the accident. The accused stated that when he was about to swerve the motor in order to prevent the accident, the deceased in turn ran into the direction of the motor bike and clashed into same. The prosecutor made it known to the accused that one needs to ride with due care and diligence especially in town. The prosecution also made it known to the accused on the 21st day of November, 2022 that the accident occurred in town and accused agreed. Q: You knocked down the deceased in town. A: Yes But on the 24th of January, 2023, the accused person in the cross examination denied that the accident occurred in town. Q: You knocked down the deceased in town. A: It is not true. The accused person mentioned the accident spot as Ekpeamegbor and the prosecutor also mentioned the place as Dzita-Agbledomi. CONTRADICTIONS The accused who is in contradiction on whether the accident spot is in a town or not also finally mentioned that a motor bike overtook his own at that moment making it very difficult for him to notice the appearance of the late Zoiku Etse. In the case, Okutu v. The Republic [1973] 1GLR 264, the appellant left his vehicle in the middle of the road without a triangle or warning light. Another vehicle ran into it and all the occupants got injured. The court held that the appellant was guilty of causing harm by negligently leaving his vehicle dangerously in the middle of the road. CASES OF CONTRADICTION Cases such as Tanko v. Karim [1989-90] 2GLR 189 CA, Appiah v. Takyi [1982-83] GLR CA, Atadi v. Ladzekpo [1981-82] GLR 218 CA, Ankrah v. Ankrah [1966] GLR 6 Ollenu JSC etc., it was held that discrepancies, deviations or contradiction in the statements or evidence of any party or parties on major issues, during trial should not be brushed aside. It is so necessary for the court to advent his mind on whether or not the accident occurred on a busy street. Hence the accused person in his evidence could not agree and disagree on whether the accident occurred in a town or not. PROOF: By sections 11(1), 11(4), 12(1) and 12(2) of the Act of 1975(NRCD 323), the burden is on the party who avers or asserts to establish beyond reasonable doubt. Further, in cases such as; i. Woolmington v. Director of Prosecution [1935] AC 462 at 481 ii. Frimpong Alias Iboman v. The Republic [2012] 1SCGLR 297 at 313, it is a trite law as held in the case supra that the prosecution in criminal cases should establish the guilt of the accused beyond reasonable doubt. The prosecution has succeeded in proving the guilt of the accused person beyond reasonable doubt. CONVICTION Accused is convicted on the count 2 and 3 Q: What do you have to tell the court? A: Plea for leniency BY COURT: The accused person had summarily pleaded guilty on these offences; 1. Riding unregistered motor cycle – Count 1 2. Riding without license – Count 4 3. Riding uninsured motor cycle – Count 5 4. Riding without road use certificate – Count 6 On count 2 and 3, the accused person is sentenced to pay a fine of 100 penalty units consecutively in default to serve 38 months imprisonment concurrently on the two counts. The accused should compensate the deceased’s family with GHC 8,000.00. This compensation may go to the wife or children of the deceased Zoiku Etse. In the absence of wife and children, the compensation may go to any legal beneficiary of the deceased. Case disposed off. SGD H/H FRANK Y. GBEDDY CIRCUIT COURT JUDGE.