A Bolgatanga High Court One, presided over by Justice Charles Adjei Wilson, has sentenced Solomon Zina, 25, a school dropout, to 10-years imprisonment after going through a full trial over murder, which lasted about five years.
Until his conviction, the accused (now convict) served five years in remand at the Navrongo prisons.
Zina’s conviction followed a seven-member jury who returned a verdict of guilty of manslaughter on him, after he had been charged with murder contrary to section 46 of the Criminal Offences Act, 1960 (Act 29).
At the end of the trial which lasted over five years, the trial judge, Justice Wilson, who is also the Supervising High Court Judge in Bolgatanga, summed up the facts, the evidence, the addresses by Counsel for the accused, Mr Mohammed Lawal and the State Attorney, and the law of murder and manslaughter.
After putting the facts and matter of law before the jurors, Justice Wilson asked them to retire to the chambers, and peruse the facts, before returning their verdict on the offence.
“Don’t treat the accused with prejudice. Do not look at his tribe, religion, work, whatsoever. If you believe the accused killed him (the deceased) intentionally, return a verdict of murder. Also, upon deliberations, if you believe the accused did not commit the act intentionally, return a verdict of manslaughter.
“However, if there are doubts, acquit and discharge the accused. And remember that your verdict must be unanimous,” Justice Wilson told the empanelled seven-person jury.
After a 10-minute deliberations at the chambers, the jury returned a unanimous verdict of manslaughter against the accused, and he was subsequently convicted and incarcerated accordingly.
Counsel for the accused, Mr Lawal of Legal Aid, however, told the court that his client was only 20-years as of the time he committed the offence, and that, it was only proper the court sentence him under the Juvenile Justice Act which does not give more than 3-years jail term to an offender.
But the trial judge dismissed the plea, saying, “per the demeanour, and I mean the physical traits exhibited by the accused in the witness box, it shows that he (accused) is an adult, and was more than the 20-years he chose to give to the police in his caution statement.”
“And even if a young offender commits an offence with a vivid criminal imagination, he cannot be sentenced under the juvenile Justice Act,” Justice Wilson explained, as he justified dismissing the accused counsel’s plea.
According to the facts of the case as presented to the court by an Assistant State Attorney, Priscilla Lartey, the deceased, Yin Kokyen, farmer, until his death was 33 years, and hailed from Santeng, a community under the Talensi district capital Tongo.
She said, the deceased, an uncle of the accused (now convict), both lived in the same place of abode.
The court heard that, on April 28, 2018, a protracted argument ensued between the convict who was a pupil of the Salvation of Army J.H.S in Tongo and the deceased, where the latter accused the former of using his new canvass boot to the bush, to embark on a farming expedition without his prior knowledge.
On April 29, 2019 at about 6:00 a.m, the prosecutor added, the deceased confronted the accused (now convict) over the issue, resulting in the ensuing melee between the duo.
A witness, Prince Yinnit, a family member, said he intervened in separating the two who engaged in a serious fight, the court was also told.
According to the prosecutor, at about 3:30 p.m the same day, Mr Yinnit said he was returning from the market when he saw the two engaged in a deadly fight again, where Zina (the accused) used a pair of scissors to inflict multiple deep wounds on his uncle (the deceased) head, resulting in the latter suffering injuries.
The deceased was, however, pronounced dead upon arrival at the Tongo District Hospital, the complainant added.
Prosecution further indicated that, alarmed by the incident, the complainant rushed to the Tongo Police Station and lodged a complaint with the police, and the accused was apprehended, detained on June 30 2018, and was put before court for trial.
FROM FRANCIS DABRE DABANG,
BOLGATANGA
